O plano diretor de Farroupilha e os instrumentos aplicados ao desenvolvimento sustentável

Abstract

The dissertation analyzes the instruments of Urban Law aimed at the sustainable development of cities, with a central focus on the Master Plan as the basic instrument of urban policy, as provided for in the Federal Constitution and the City Statute (Law No. 10,257/2001). The study seeks to understand how such instruments can be applied in urban planning in order to promote a balanced territorial management between the natural environment and the built environment. To this end, the municipality of Farroupilha/RS is adopted as a case study, whose urban legislation underwent a recent revision process, culminating in the enactment of a new Master Plan in January 2024. The research initially develops the conceptual, historical, and legal foundations of the master plan within the context of urban and environmental law, addressing the formation of urbanization, the need for land-use regulation, and the fundamental principles guiding urban policy. In this context, the work highlights the role of the master plan as the central normative instrument of municipal territorial planning, responsible for locally implementing the constitutional and legal guidelines related to the social function of the city and of property. Subsequently, the urban instruments selected for the research are analyzed: environmental zoning, the onerous grant of the right to build, the permeability rate, and policies of centralities and urban decentralization. These instruments are first examined based on the 2015 Master Plan, through an analysis of how they were regulated and their effective applicability within the territory of Farroupilha during its period of validity. The diagnostic assessment identifies normative advances, especially in the creation of specific environmental zoning categories and in the provision of instruments aimed at protecting sensitive areas, such as water resources, cultural heritage, and the natural environment. However, the study points to the existence of structural problems, notably the absence of a clear hierarchy of building indices according to the primary vocation of each zone, which compromised the practical effectiveness of the instruments. The dissertation demonstrates that environmental zoning plays a central role in the functioning of the municipal urban system, directly influencing the effectiveness of the other instruments analyzed. Weaknesses in the definition and application of urban parameters negatively affected the implementation of the onerous grant of the right to build, the protection of soil permeability, and the realization of decentralization policies and the creation of urban centralities. Finally, the work analyzes the 2024 Master Plan, highlighting the normative changes proposed to overcome the shortcomings identified in the previous plan. It emphasizes the adoption of a more coherent distribution of urban parameters according to the vocation of each zone and the consolidation of urban regimes in normative annexes, aiming to enhance legal certainty and reduce administrative discretion. It is concluded that the reorganization of urban planning parameters according to the territorial vocation of each zone, together with the enhanced normative systematization - particularly regarding the four instruments analyzed - introduced by the current Master Plan has strengthened legal certainty and the practical effectiveness of these instruments. This demonstrates that territorial planning, when legally structured and technically grounded, constitutes an essential tool for promoting sustainable development at the municipal level. [resumo fornecido pelo autor]