A relação cidade-campo em Marx: o capital, a renda da terra e o lucro
| Autor | Vitor Bartoletti Sartori |
| Cargo | Professor adjunto da Faculdade de Direito da UFMG ligado ao departamento de Direito do Trabalho e introdução ao Direito. Universidade Federal de Minas Gerais - UFMG, Brasil. ORCID: https://orcid.org/0000- 0001-9570-9968 Lattes: http://lattes.cnpq.br/0871083138441617 E-mail: vitorbsartori@gmail.com |
| Páginas | 409-435 |
Revista de Direito da Cidade vol. 13, nº 1. ISSN 2317-7721
DOI: 10.12957/rdc.2021.44144
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Revista de Direito da Cidade, vol. 13, nº 1. ISSN 2317-7721. pp.365-399 391
immediately expressed in local power more concretely
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. Good local governance practices prioritize
"trans-scale" ecology through the search for recovery and valuation of low-cost envi ronmental
protection alternatives for the reception of the place where citizens live, based on their sense of
belonging to the soil and their local good relations.
In this way, this active action of the Municipal Public Power ensures the protection of the areas
of environmental r estriction of the Municipality, since the predominantly financial interests and the
lack of seriousness and commitment of municipal management with the environment do not stand
out. In the case of the Municipality of Montenegro, by introducing and comparing said parameters
with Municipal legisl ation, the Municipality complies with the provisions of the Master Plan, since it
provides in section 6 of the Master Plan " that said instrument is governed by the principles the social
function of the city and of property, democratic management, environmental sustainability and the
preservation of cultural heritage "
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which actually happens.
In this same sense, the Master Plan still establishes that the social function of the city is
guaranteed by the promotion of lif e quality, environmental sustainabili ty, the use of redistributive
income and land instruments, publi c control over land use and occupation, by democratic,
participatory and decentralized management, by the integration of public/private actions and by the
prioritization, in the elaboration and execution of programs, plans and projects, for groups of people
who are in situations of risk and social vulnerability (section 8), which are examples of Public Policies
applied in the local territory to ensure the sustainable development of the territory.
For the mentioned instrument, territorial and environmental development is related to the
promotion of better occupation of the Municipal territory, with the following objectives: urban land
use and orderly occupation - which allows the co existence of diverse activities subordinated to
environmental parameters and protection of the according to the law of land use and occupation, the
provision of residential areas, the strengthening of district offices for decentralization in the provision
of services to the rural environment, the protection of cultural and environmental assets (section 23),
guidelines for land use and l and use in the form of macro-zoning and urban zoning, to promote the
occupation of urban voids in areas already endowed with infrastructure, and to pr omote the
preservation, protection and recovery of the environment (section 24).
Having these objectives in mind, given the intense population growth and practical data
obtained by the present case study, an adequate and effective Environmental Management in the
53
Ladislau Dowbor, Educação e Desenvolvimento Local (Sep. 2007), (Nov. 5, 2017)
http://www.dowbor.org/artigos.asp.
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4.759 complementary Act 2007, section 6, Montenegro Town Hall.
Revista de Direito da Cidade vol. 13, nº 1. ISSN 2317-7721
DOI: 10.12957/rdc.2021.44144
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Revista de Direito da Cidade, vol. 13, nº 1. ISSN 2317-7721. pp.365-399 392
Municipality of Montenegro/RS, which prioritizes the quality of life of the population and values the
social contribution for decision-making in public management. By establishing areas suitable for urban
growth and other important Public Policies for the Municipality, these practices favor the occupation
of urban areas in the indicated places and clearly observe the management and the way of conducting
low-income people that are at the margins of the possibility of acquisition of goods in areas destined
to this end, which ends up avoiding the informal occupation of environmental restriction areas, s uch
as permanent preservation areas.
In municipalities where urban expansion occurs in these areas, the lack of access to a
significant portion of the population, which does not find means or education for the purposes that
are intended by law, is not considered in the preparation of plans. This part of the population is not
introduced formally or informally in the areas destined to the urban expansion, inhabiting zones of risk
and environmental preservation zones in the Municipalities by acquiescence and lack of inspection of
the Public Power.
Thus, it is considered the effectiveness that the use of mitigation instruments of environmental
impact has in the Municipality, the application of Public Policies in the local spaces for preservation,
Environmental Education as a tool to protect the environment and especially the inclusion of the
exercise of citizenship in public management decision-making means. It is noted that laws, especiall y
environmental regulations, to be constitutional, are not enough to have been formally examined. They
should be effective and materially in line with the higher basic values of the liberal and democratic
fundamental order
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, as well as with the value order of the Constitution, preserving correspondence
with the elementary principles not written in the major letter, with the reality and possibility of its
execution, presenting itself as an axiom of juridical stability and compliance with the principle of the
social state
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(BONAVIDES 1997, 32). The balanced envir onment, indispensable to human
development, is predispos ed fundamentally by observing the interaction of man with nature and its
ecosystems, considering that it is composed and, in this sense, with laws and Public Policies that have
as specific and real purpose the protection and conservation of environmental protection areas.
It is in this context that the Municipal Public Administration must be active and count on the
civil society in order to organize strategies of adequate growth of the Municipality. Local decisions
must be taken together, so that the population does not present itself as a legal or executive
imposition, but rather a consensus that comes to the conclusion that certain measures to be imposed
55
HANS KELSEN, TEORIA PURA DO DIREITO 65 (Martins Fontes 2006).
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PAULO BONAVIDES, CURSO DE DIREITO CONSTITUCIONAL 32 (7 ed., Malheiros 1997).
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