Norma e território : o processo de normatização dos condomínios horizontais fechados no Litoral Norte do Rio Grande do Sul.

Abstract

The closed horizontal condominiums constitute an urban fact that is spreading beyond the metropolises and medium cities, demanding norms that regulate this phenomenon. In national and international literature on closed horizontal condominiums there are different nomenclatures. Analyzing them from material, morphological, social and economic perspectives, some criteria are able to identify them, such as the high walls that surround them, high security and the way they are separated from the rest of the urban space. Although there is no common definition, these enterprises have been studied as an a priori object, constituted and that has its existence dependent on actions, practices and discourses of the social agents that produce the urban space. In this thesis, it is sought to understand what regulates horizontal closed condominiums, in the municipal scope, that is, to investigate how the normative process of horizontal condominiums closed in the municipalities of Capão da Canoa and Xangri-Lá/RS occurred. In order to do so, it was based on a theoretical framework that discusses concepts needed to understand the theme, such as the norm, territory and urban segregation. In addition, it was also understood that the historical contextualization of the municipalities and the way the territory of both was constituted, meant to understand how the phenomenon of the closed condominiums affected this region. The emergence of these real estate products, at the dawn of the 1990s, is studied within the practices of power proper to the historical and geographical context of the North Coast of Rio Grande do Sul, considering political practices in which it is perceived, not as a backdrop, but rather as constitutive of the object itself and the meanings that are produced about it. In order to deepen the subject, it was based on the understandings proposed by Milton Santos (1996) and reinforced by Ricardo Mendes Antas Júnior (2005), who assert that the territory is a non-formal source of Law, to demonstrate that the consolidated situation in the territory of the municipalities examined served to construct municipal laws that regulate ventures, mainly because there is no federal law that regulates the matter. It has been empirically demonstrated that municipal norms lack an adequate legislative process. It has also been shown that the social practices resulting from the implementation of these enterprises have led to the privatization of public spaces, as well as socio-spatial segregation.