O direito urbanístico como instrumento de equilíbrio entre a função socioambiental da propriedade e o direito à propriedade privada

Abstract

The present work has for objective to present the urban right as balance instrument enters the property´s socioambiental function and the right of private property. Being thus, the application of urban right aims to discipline use and occupation of ground, through instruments capable to impose limitations to property right, surpassing the idea of property as an absolute right, giving place for the understanding of private property´s socioambiental function. Private property´s socioambiental function aims an equal society, less unbalanced, in which property´s access and its use are guided in the direction to provide magnifying of chances to all, and guarantee cities development, from implantation of planning. In this direction, planning is conditional to plans elaboration, which happens through the involvement of professionals in its elaboration, as well as, for e population and representative associations participation in audiences to approve plans. The effective application of planning instrument will guarantee integrated and harmonic development of cities, well-being of community, preservation and environment balance. For that, city´s project must condition social, ambient, economic, aesthetic and functional practices, becoming cities a space of living and coexisting.