Usucapião extrajudicial: viabilidade e eficácia da regularização do imóvel usucapiendo
| Autor | Ralph da Silva Barreto, Frank Pavan de Souza, Bianca Gomes da Silva Muylaert Monteiro de Castro, Luiz Victor Monteiro Alves |
| Cargo | Pós Doutor pelo Programa Interdisciplinar em Ciências Humanas (Meio Ambiente e Sociedade) da Universidade Federal de Santa Catarina (UFSC). Doutor em Engenharia Civil - Gestão de Recursos Hídricos e Saneamento pela COPPE/UFRJ. Professor da Universidade Cândido Mendes - UCAM Campos. Universidade Cândido Mendes - UCAM Campos. Lattes: http:/... |
| Páginas | 32-62 |
Revista de Direito da Cidade vol. 13, nº 1. ISSN 2317-7721
DOI: 10.12957/rdc.2021.55742
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Revista de Direito da Cidade, vol. 13, nº 1. ISSN 2317-7721. pp.1-24 18
Social movements are increasingly concerned about the dynamics that are presented in this
area, as a result of the interest of real estate companies and tourism. These movements demand a
more sustainable development for the region, compatible with a non-exclusive city model and that
offer urbanization conditions based on integration, respect f or culture, his tory and the environment
(ABRACE A GARÇA, 2015). Among the guidelines proposed by these groups for the revision of the city's
Master Plan are the i nclusion of Special Areas of Social Interest in areas historically occupied by low-
income communities (ABRACE A GARÇA, 2015).
4. RESULTS
There is currently no connection between Z onas Especiais de Preservação Cultural (ZEP or
ZEPEC), Zonas Especiais de Proteção Ambiental (ZEPA) and Zonas Especiais de Interesse Social (ZEIS).
The Zonas Especiais de Preservação Cultural ZEPEC, Special Cultural Preservation Zones, are
portions of the territory intended for the pr eservation, enhancement and safeguarding of assets of
historical, artistic, architectural, archaeological and landscape value, hereinafter defined as cultural
heritage, which can be configured as built elements, buildings and their respective areas or lots;
architectural sets, urban or rur al sites; archaeological sites, indigenous areas, publ ic spaces; religious
temples, landscape elements; urban complexes, spaces and structures that support intangible heritage
and / or uses of socially assigned value. The origin of ZEPEC lies in the listing of properties and urban
complexes, with the possibility of having new perimeters created during the zoning law in effect as
new settlements are instituted at the federal, state and muni cipal levels. ZEPEC depends on another
area to enable the approval of reforms and installation licenses, since ZEPEC presents only occupation
parameters and restrictions, with no parameters for use, discomfort and installation conditions for
uses. ZEPEC is perhaps the area that most contributes to the preservation of neighborhoods, as the
listing restricts the transformation (https://gestaourbana.prefeitura.sp.gov.br/zona-especial-de-
preservacao-cultural-zepec/).
The Zonas Especiais de Proteção Ambiental ZEPA, Special Environmental Protection Zones,
are areas of environmental and landscape interest necessary for the preservation of the conditions to
soften the environment and those destined to sports or recreational activities for public use, as well
as areas that present exceptional characteristics of forests, mangroves and dams. Remaining areas of
Mata Atlantica, Atlantic Forest, and other formations of native vege tation, afforestation of
environmental relevance, significant vegetation, high permeability index and existence of springs,
among others that provide relevant environmental services. The objective is to allocate these portions
Revista de Direito da Cidade vol. 13, nº 1. ISSN 2317-7721
DOI: 10.12957/rdc.2021.55742
______________________________________________________________________
Revista de Direito da Cidade, vol. 13, nº 1. ISSN 2317-7721. pp.1-24 19
of the municipality's territory to the preservation and protection of environmental heritage, whose
main attributes are the conservation of biodiversity, control of erosion and flooding processes, water
production and microclimate regulation.
The Zonas Especiais de Interesse Social Z EIS, Special Zones of Social Interest, are an
instrument of urban policy that addresses complex issues involving conflicts of interest and social
clashes that are difficult to deal with, such as integrated action in irregular areas, for example. Reaching
the universe of regularity means for the inhabitants of precarious spaces to have access to urban and
environmental improvements, public records and the incl usion of the property in the municipal
registers. It is necessary to understand the context of the attributions of the local power, its objectives
and purposes in meeting the demands for social equality, in order to guarantee an emancipatory
character of these policies. Thus, reinforcing the action planning initiatives at the loc al level in a
participatory manner, considering notions of belonging and recognition that would legitimize these
interventions before the community.
In the case of Maceió, Special Zones of Social Interest have been defined since the formulation
of the 2005 Master Plan, however the barriers to their implementation did not allow them to leave the
paper. In the opportunity to reformulate the city's Master Plan and in li ne with the population's
desires, this work confirms the need to implement th ese areas in areas historically occupied by low-
income populations, allowing the i nsertion of marginalized strata into the city and mitigating real
Coreia
settlement proved to be amenable to implementing ZEIS, both for its spatial and population
characteristics. Among the minimum urbanization requirements in the area, this work lists investments
in basic infrastructure, especially water supply and opens up opportunities for other works that may
collaborate with area studies for the implementation of a health post in the Garça Torta neighborhood.
The proposal that derives from the study of the two different urban and social realities
analyzed is to establish "sets" of these areas, through the cartographic mapping of the specific
characteristics found in the same neighborhood and the relative construct
-cultural, that imposes itself as a key tool for urban
sustainability: Social Cartography for an Observatory on the city. The Social cartography allows people
to draw, with the help of professionals, maps of the territories they occupy. In Brazil, the first initiatives
-geographic division in Brazil,
containing all nine states in the Amazon basin), and later extended to other Brazilian regions, especially
in the rural area. However, there are already experiences involving urban communities. Instead of
technical information, social maps are constructed in a participatory way and present the dai ly life of
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