A definição de critérios mínimos para a delimitação das áreas de influência no estudo de impacto de vizinhança no meio ambiente urbano como política pública de gestão sustentável .

Abstract

In view of CONAMA Resolution No. 001 of 1986, in article 5 et seq., establish the environmental diagnosis of areas of influence on Environmental Impact Studies and the City Statute, Law No. 10.257 of 2001, in article 37, only indicate the minimum content in the neighborhood impact analysis to consider the positive and negative project effects (areas of influence) or activity regarding the quality of life of the population living in the area and surroundings, we intend to define the minimum criteria for the delimitation of areas of influence in the Neighborhood Impact Studies. Thus, we seek to answer the following problem: is it possible to define the minimum criteria for the delimitation and the protection of areas of influence, these acting as a form of sustainable public management policy in the urban environment? To fulfill this task, the hypothetico-deductive method will be used as a form of approach, applying the analytical one as a procedure method and making use of the indirect documentation research technique. As a hypothesis it is presented that it is possible to define the minimum criteria for the delimitation of areas of influence in the Neighborhood Impact Studies in the urban environment, absent specifically in the Brazilian legislation to this day, with the single goal of stopping the harmful use of properties to the prejudice of others, based on social living, reinforced by the dichotomy between the right to build and the neighborhood rights, as well as in the guarantee of the fundamental right to a sustainable urban environment. This dissertation is part of the Social Inclusion Public Policy Research Line, of the UNISC Master’s program in Law, which aims to delimit the conditions and possibilities of the public interest management from the construction of social inclusion policies and the citizenship political engagement. It is also linked to the postdoctoral professor Rogério Gesta Leal research field, as it studies the public policies subject, the Public Administration duty and the Brazilian urban policy. Therefore, it is viable to define the minimum criteria for the delimitation and protection of areas of influence, these acting as a form of sustainable public policy management in the urban environment, which has been possible through the reading of article 37 of the City Statute, bringing an improvement of the minimum content essential for the delimitation of areas of influence, suggesting the inclusion of advertising studies, the urban watershed and the importance of multidisciplinary teams.