Transformações das abordagens urbanísticas e ambientais na gestão territorial brasileira: confluências e divergências no direito de propriedade, nos instrumentos de gestão e no desenho institucional

Abstract

This work addresses the transformations of urban and environmental approaches in Brazil s territory management, identifying its convergences and divergences. This study was structured from the contextualization of a representative legal framework for the urban and environmental policy, predominantly composed in the 1930s until the most recent enacted statute, according to specific themes organized into six regulation series. The topics discussed include the constitutional frameworks, the division of land, the legal principles from the urban reform proposals, the environmental legislation before and after the 1980s, and the normative system related to the Permanent Preservation Areas - APPs. The analytical structuring was based on identifying aspects considered essential for the research, which included property rights; land and environmental policy management instruments; institutional structure; and ways to approach environmental issues posed by the urban perspective, and vice versa, the urban and social approach posed by the environmental perspective. The analysis of the transformation of these aspects, within the legislative series selected, was preceded by the discussion and contextualization of the social movements that emerged in the 1970s and which influenced the shaping of new paradigms embodied in the contemporary urban and environmental legislation. For the urban perspective, some concepts of territorial planning and management used in Brazil are discussed, especially the role of the National Urban Reform Movement and the emergence of the principle of the social function of city and property. For the Environmental perspective, the origins of environmental concerns in Brazil are discussed, as well as the role of the environmental movement and its impact in shaping the legal system to protect the environment. The interactive analysis discussed and identified the main challenges in the integrated articulation of urban and environmental policy. Although there is a process to expand the interfaces in these matters, disputes and conflicts still prevail with regards to territorial ownership and occupation, which represent challenges for the perspective to achieve the unified paradigm of the socioenvironmental function of the city and property.