A omissão do poder público municipal para com o plano diretor e suas consequências sociais e jurídicas.

Abstract

This study aims to dissect the price paid by Brazil for the delay of municipal authorities to approve its master plan and put them into practice, which is a valuable management tool to organize the urban environment of cities. Explains concepts and goals of the master plan then under the City Statute. The right to property, taken before and absolute, was downgraded to the point today that its exercise be mitigated so that the owner is not acting with arbitrary, with the use and enjoyment of the property conditioned on its social function, aiming not only to satisfaction of the owner but also the benefit of the whole community. The evolution of property right and the responsibility and local autonomy over time with the main focus of Brazilian constitutions already viqeram to explain the growing need of the state and the action of the individual in the public interest. The legislative delay hinders the orderly urban growth, which aggravates the social and legal problems caused by rapid and uncontrolled growth of cities, bringing a host of ills as the decline in economic capacity of the municipality and the worsening of environmental damage and therefore, worsening effects of climate change turning into disasters which could be avoided by adopting and implementing the master plan. This demonstrates the need for all of society require the government's approval of the master plan because it is a powerful tool to ensure the social, spiritual and material of its inhabitants.