Transfer of development right in Brazil: limits and outlooks
Date
2016
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AESOP
Abstract
This paper advocates the idea that the City Statute (Federal Law 10.257/2001) provides urban limitations on the right to build. The junction of the urban law in regional urban planning field are elementary to analyze the socio-legal phenomena in the use of property rights in light of certain construction that exceeds the constructive potential. Other factors, such as implementation of urban facilities, areas of preservations and land regularization, also restrict the exercise of citizenship recreating ways of living and surviving in the cities. In this reasoning, the idea of urban property exceeds various aspects so that you can reach current notion that is linked to a social function. Thus, what was once seen as an exclusive right over the years has evolved to assign it a social role, which is, focused on the interests of society. The Charter of Embu, of December 12, 1976 was decisive to understand that the property exceeds the level of basic use of land named artificial oil. So the construction potential boundary is related to the basic floor area ratio of the property, whose limit can also be called natural soil. With this, found that urban property owner, private or public, need an upper limit to build your property, there may be an additional right to build, which belongs of public authority and as a consequence of this extension goes on to rise up the artificial soil or soil created with a limit called the maximum utilization coefficient. Question is, what is the legal nature of the constructive potential? Is it possible to address this potential as an instrument of urban sustainability? The Property Law and the Right to Build, but, after all, can you dissociate them? In this way, the general aim of this work is to understand the limitations to the right to build in urban instrument called the Transfer of Development Right (TDR) in Brazil.
Description
Proceedings of the IV World Planning Schools Congress, July 3-8th, 2016 : Global crisis, planning and challenges to spatial justice in the north and in the south
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