A compreensão da função social da cidade e instrumentos jurídicos de preservação ambiental: estudo de caso do Lago Fasolo (Bento Gonçalves/RS)

Abstract

This case study focuses on Lake Fasolo, located in Bento Gonçalves/RS, analyzed from a dynamic urban-environmental perspective. The research was limited to the analysis of Civil Inquiry No. 00722.00049/2004 (2004?2024) and the evaluation of legal management tools. The general objective was to examine normative and administrative alternatives that ensure the environmentally appropriate use of the area, articulated with its enhancement as a public space for leisure and community interaction. The specific objectives are: (a) to analyze the inquiry; (b) to verify the type of expropriation applicable to the specific case; and (c) to identify management instruments (Master Plan, zoning, payment for environmental services, and recognition of Lake Fasolo as a subject of rights, via a bill). The inductive method was adopted, with a dogmatic and hermeneutical approach. This research is applied in nature, with a qualitative approach and exploratory, descriptive, and explanatory objectives. It utilized bibliographic, documentary, and case study techniques. The results indicated the insufficiency of the current administrative easement to guarantee effective protection and stability of the area's public use, and pointed out that expropriation for necessity, utility, or social interest is legally permissible, provided it is complemented by instruments of continuous management. It concludes that the synergy between zoning, payments for environmental services, and the bill recognizing Lake Fasolo as a subject of rights allows for the compatibility between environmental protection and the social use of the Permanent Preservation Area (APP). [resumo fornecido pelo autor]