Contribuições e aplicações de contrapartidas urbanísticas nos parcelamentos do solo nos municípios de Araraquara e São Carlos - SP

Abstract

Although valid legislatively since the Constitution of 1934, was only with the City Statute that urban capital gains were consolidated, through the application of urbanistic instruments, with the objective of recovering the investments of the Public Power that result in the appreciation of private property and a fair distribution of benefits and damages of urbanization process. In the 40s, a migratory process began in Brazil from rural areas to urban areas. The cities begin to be occupied in a precarious and disorderly way. In this context, land subdivision can be considered one of the main forms of urbanization and, mainly, expansion of the urban fabric. Since 1979 the land subdivision is regulated by Federal Law 6766/1979, which provides in its guidelines that it must comply a social function in the city. Usually, when a tract of land is subdivided its surroundings goes through the process of valuing. Infrastructure improvements have often resulted in this valuation. Often these improvements are promoted by the public administration when pressured by the private sector. It is a consensus that these land subdivisions provide opportunities for capturing urban capital gains that can contribute to the city's development. These requirements can be requested through land use guidelines, during the analysis of the previous study of environmental impact (EIA), the previous study of neighbourhood impact (EIV), on payment of onerous concession of land use, in the consortium operations and in the contributions of improvement. Thus, the urbanistic instruments can assist in the capture of urban capital gains. However, despite the various ways of capturing urban capital gains, there is a high inefficiency in obtaining it. Therefore, in this work we will analyse urbanistic procedures and instruments, with the objective of exploring and regularizing the urban counterpart, through legal requirements directed to the private sector, during the licensing and the implementation of new land subdivisions.