Direito urbanístico e políticas públicas : estímulos legais e fiscais para a adoção de técnicas sustentáveis na construção civil, quanto à implantação de telhados verdes.

Abstract

This monograph deals with the subject "Urban Law and Public Policies: legal and tax incentives for adopting sustainable techniques in civil construction, regarding the implementation of green roofs". It is intended, considering recent and relevant literature, analyze, discuss and present the main theoretical aspects involving the theme. In order do to this, the methodology used is the bibliographical research, based on the interpretation and understanding of texts and analysis of the relevant national legislation. Starting from the assumption that the present work has the scope to identify legal bases and tax incentives that may influence on the implementation of green roofs as a way to mitigate environmental damage, caused by the growing development of cities, it presents initially the constitutional foundations that underlie the different areas of law. While in the point of view of Environmental Law it is considered the legal mechanisms for the realization of environmental protection, under Urban Law, in the City Statute, the guiding principles of policy and urban planning are analyzed, which set between their general guidelines, the right to sustainable cities for present and future generations. Furthermore, under the tax law there is a tax jurisdiction with a view to developing public policies that simultaneously contemplate the environmental protection and economic development. Subsequently it is approached the issue of sustainable development, especially regarding sustainable buildings and certifications, aiming to establish the advantages of this strategy under economic, social and environmental point of view. Finally, it is presented the concepts related to the green roofs, their characteristics, implantation types, benefits resulted from its use, as well as the international scenario and, in particular, an overview of the Brazilian situation, referring to the laws and projects in progress which regulate or require its implementation.