Os usos de imóveis públicos urbanos em Campina Grande e o (des)cumprimento da função social da propriedade.

Abstract

The population presents themselves even more vigilant to the intromission acts practiced by the Public Administration and demands that the public patrimony need to be used for the collective interest. In this scenario, emerges the debate about the public real estate belonging to the legal person governed by public law. Properties that, although being part of the state patrimony, are instruments of public policies and serve to the society. However, it is perceptible that, in fact, it is extremely common to see abandoned properties, closed buildings or even edifices that do not use the total of their respective areas. This fact characterizes a true violation of the constitutional principles of the property social function and the efficiency. As consequence of this malpractice of the public resources, a common problem of the great Brazilian cities emerges: the “urban voids”. “Urban voids” 1 is the terminology used by researchers who searches the knowledge about the urban phenomena, their motivations, consequences and possibilities. However, it should not be understood that “void” are only the non built property. In fact, what gives this classification to a property is the lack of use, or even the partial use. The emptying phenomenon of the central urban public spaces reveals a debate about the inexistence of an adequate destination for this patrimony meanwhile the collectivity have needs which could be attended through the use of this patrimony. This problem is one more found in a research field that deserves attention: the right to the city. In Campina Grande, city located in the state of Paraíba, the reality is not different. It is easily possible to detect that, in its urban center, exists several empty public buildings. If when this voids are originated from the private initiative we already see a problem, what to say when the Public Administration itself gives cause to the emptiness of the buildings which should be serving the public interest? We have an even serious wound, knowing that the Public Administration have the primary function of serving the public interest and take care of its patrimony. The present research, through the study of a case, tried to investigate the presence of “urban voids” represented by public buildings in the urban perimeter of the Campina Grande city, mapping the unoccupied, not used, or underutilized buildings, identifying the reasons of the emptiness and the possible uses for this empty buildings, and determinate their areas. Were traced a total of 26 public buildings, where 6 of them are located in the districts of Campina Grande and the other 20 can be found inside the urban perimeter, spread through a total of 12 neighborhoods. 25% 2 of this buildings are not used, 50% are the buildings underutilized, and 25% are those unoccupied. As a propose, we present the necessity of create more incisive legal instruments that prevent the formation of the “urban voids” in the same way that were created laws against the malpractice of the public funds. It is believed that this patrimony cannot be ignored, cause in the same time that a “urban void” represent an urban failure, they have potentialities that, when explored, can result in benefits to the society.