Cidade e exclusão territorial: uma análise da legislação brasileira referente ao solo urbano.

Abstract

To talk about the city as a space for the expression of life, in the concreteness of effective relations, of happiness projects, as well as in its geographical aspect, leads us to a chain of extremely crucial and complex issues, such as deficit urbanization, which mitigate rights, as well as to denature important urban institutes and real rights provided for in constitutional and infraconstitutional legislation. The city/urban space, today, concentrates the largest number of inhabitants, and in it the ownership of urban land must be refined with this spatial and social reality. It is the scenario of constant clashes between individual and collective interests, between limited resources and the will of man, which is unlimited, putting, not infrequently, the rights enshrined in national legislation for man and the environment, as well as human rights, in crisis, before its non-observance and consequent (non) application. In this way, social and legal inclusion from the point of view of the city means that all its inhabitants are enjoying the fullest possible assets of social life without discrimination on any ground of race, religion or social condition; equality guaranteed by the Greater Law, the Federal Constitution of 1988. The right to the city, a concept proposed by the French philosopher Henri Lefebvre, is understood as a salutary human right of encounter, scenario of realization of rights of a collectivity, elimination and fight against inequalities , not as a promoter of these. In this sense, the situation of a city that excludes or partially includes the following question is raised in Brazil: can spatial segregation be silently foreseen in the national legislation? This monograph aims to analyze the Brazilian Legislation that deals with the subject, as a way of identifying possible silences or norms that tend towards interpretations that consubstantiate a purely patrimonial and non-existential ideology and which fall into great inequalities, territorial exclusion and a series of negative consequences, backwards to what, in fact, is intended. The framework of analysis will be normative, theoretical and factual. As for the methodology, with respect to the methods of approach, is deductive, rational method, which starts from the general for the particular when searching for a reasoning, dialectic, since the object of study will be situated and analyzed considering its social, legal, economic and geographical, and, bibliographical. In the firstchapter, the concept of Territory and Territorial Exclusion - legal and doctrinal - and other concepts that are of interest for the construction of an initial understanding of the subject will be worked out, as well as the problematic of the research. The second chapter starts from a normative perspective, pointing out how the situation of territorial exclusion or incomplete inclusion dialogues with the Brazilian legislation and jurisprudence. The third and final chapter is eminently propositive, pointing to solutions to stop the process of exclusion, which affects, in the great majority, the most disadvantaged in society.