Das possibilidades e dos limites para a qualificação jurídica dos solos pelos planos territoriais do município

Abstract

Introduction: the Brazilian Constitution, expressly establishes different legal regimes for urban property and rural property. The applicability of these schemes depends on the prior classification of the soil under these two mode owners that, in legal force, is preceded by municipal law. Objectives: To critically analyze the qualifying instruments of urban land in the existing national laws, including the master plan, making sure they are adequate to show the imposition of constitutional order and planned expansion of the territory. Background: The most recent doctrine has focused on studying the master plan that, with the introduction of the City Statute, changed its role of being a technical instrument to take a strategic role in the ordering of urban territory, changing in depth the very concept of traditional land use . But the master plan is not mandatory for all municipalities, subsisting, to those who do not have that instrument, the traditional instruments of regional planning. There is thus a need for an integrated study of these two systems of land use, concentrated in the instruments each of which provides for the classification of urban land, to support the various systems of land ownership. Hypothesis: some authors argue the need for the existence of the master plan for urban expansion and ordinance of any municipality. With the City Statute, there would be a single system of ranking urban planning. According to other authors, our legal system could accept two systems of regional planning, a first, related primarily to the instrument of zoning, as identified by the dominant doctrine in the activity of administrative police, and another that has been identified as the doctrine of urban ordination that would be based in the urban master plan. Method: information was gathered of the legislation, doctrine and jurisprudence on this subject, starting from the more general provisions contained in the Constitution, to the analysis of the main legislative instruments qualifying soil. In general, we attempted to conform to the deductive method. Results: The classification of urban land is linked to the territorial organization of the municipality that, in our legal system, involves two separate legal regimes: a first, related to the traditional instruments of administrative intervention, and a second, which relates to the master plan, allowed by the incorporation of public policies to the legal system, especially the urban plan. These two distinct legal systems include the disciplinary law of subdivisions for urban purposes, consisting of the main form that urban expansion takes place. However, the latter involves peculiarities regarding the possibility of soil classification