Desenvolvimento urbano e o direito fundamental à cidade sustentável: a moradia digna e a regularização fundiária em Uberlândia (MG)

Abstract

The current urban scenario is one of the greatest challenges of the century, hence the need to discuss the right to a sustainable city, which is a necessary prerequisite for the realization of several other fundamental rights that are absolutely indispensable for the materialization of the dignity of the human person. In this sense, this dissertation has as main objective to analyze the land tenure regularization of the municipality in order to verify the compatibility with the guidelines of sustainable and urban development, having the PDU as a fulcrum. Therefore, in order to achieve the proposed objective, this work was divided into three stages. The first consists of a theoretical survey on sustainable cities. For this, a reflection was built on the concept of sustainable cities, the understanding of the right to the sustainable city as a fundamental right dispersed in the constitutional text and the presentation, in a theoreticalconceptual way, the understanding of the global agendas of sustainable evelopment and agreements, namely Agenda 2030, Sustainable Development Goal 11 and the New Urban Agenda. The second stage analyzed urban policy and the social function of the city and urban property. For this, it understands how the historical process of insertion of Chapter II, Urban Policy, Title VII (Of the Economic and Financial Order) in the CF of 1988 and its unfolding in the Statute of the City, investigates how the social function of the city and the Urban property is established in the CF of 1988, in the Statute of the City and in the LOM of Uberlândia. Finally, step three discusses land regularization as a guarantee of the human and fundamental right to decent housing. With this objective, it analyzes the implementation process of the Master Plan of the Municipality of Uberlândia in force (2006-2016), analyzes the Complementary Law nº 738 of October 17, 2022 and, verifies the municipal urban instruments in the policies of land regularization in Uberlândia as way to combat socio-spatial segregation. It is noteworthy that the approach method used in this research was documental and a qualitative and quantitative research was developed. The techniques used were the bibliographical and documentary review, for a better foundation of the theoretical framework and understanding of the proposed theme. It is concluded that Uberlândia is a clear example of the rapid growth of Brazilian medium-sized cities in recent decades. It remains clear the reproduction of the segregationist pattern and socio-environmental inequalities, which are expressed in the forms of housing precariousness with the materialization of urban gentrification, real estate speculation due to urban voids and the expulsion of poor people to the edges of the urban perimeter, contrary to the idea of sustainable urban development.