O regime urbanístico a partir de Henri Lefebvre e David Harvey : o direito à cidade e a responsabilidade dos governos locais na efetivação dos instrumentos de recuperação de mais-valias fundiárias.

Abstract

The process of territorial segregation and the uneven urbanization that occurred in Brazil led to the existence of many cities with a large housing deficit, the formation of numerous consolidated informal settlements and the concentration of public services and facilities in certain areas of the cities. The lack of legal control by local governments in the (re) production of capital in the urban space in the face of real estate speculation and the lack of equalization of the burdens and benefits of urbanization demand new guiding axes for Urban Policy in charge of the municipalities. Based on this, the investigation deals with the urban legal regime in Brazil, based on the theories of Henri Lefebvre and David Harvey, in relation to the Right to the City and the responsibility of local governments in implementing the instruments to recover the land surplus values. The central research problem attempts to answer the following question: What is the responsibility of local governments in realizing the Right to the City and what legal innovations would contribute to the better effectiveness of the instruments for recovering urban gains? From this, the following argumentative bases are listed: (I) The content of the Right to the City, conceived by Lefebvre and deepened by David Harvey's analysis of the economic content of urbanization, gains legal contours from the Urban Agenda and the World Charter of Right to the City; (II) the low performance of the municipal government in the task of recovering urbanistic surplus values, allows the unequal distribution of collective consumer goods in cities; (III) the local governments are the main entities responsible for the realization of the Right to the City, as they ultimately conform to the parameters of Urban Policy; (IV) The Right to the City, although it cannot be reduced to a specific concept, has a legal content determined from the general principles and guidelines of the City Statute. The general objective of the thesis is to demonstrate the responsibility of local governments in the realization of the Right to the City, through the application of the urbanistic instruments for surplus values recovery as a strategy to implement the principle of fair distribution of charges and benefits. The approach method is deductive and the procedure method is monographic. Bibliographic research was carried out, based on books, articles, theses and dissertations, as well as documentary research, using laws, jurisprudence, judgments and legislative projects in process. The theme of the responsibility of local governments in the realization of the Right to the City and its possible legal innovations is relevant to the Doctoral Program at the University of Santa Cruz do Sul, considering that the study of the origins of social inequality in Brazil, which results from the privatization of urban space and territorial segregation and the urban issue are themes genuinely linked to the local space. The municipality is the co-responsible entity for the achievement of the constitutional objectives, and the federative instance which is constitutionally competent for the definition of urban policy. local governments in implementing the Right to the City, as the final articulator of the content of Urban Policy, as well as presenting a series of innovations and legal proposals aimed at improving the effectiveness of the instruments for recovering the urbanistic surplus values. Among the innovations, some common axes permeate the content of the proposals, such as the establishment of mandatory rules and parameters for the use of tax and non-tax instruments and reduction of the discretionary margin of the municipalities in the application of instruments capable of implementing the principle of fair distribution charges and benefits.