Navegando por Autor "FISCHER, Luly Rodrigues da Cunha"

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Aforar, arrumar e alinhar: a atuação da Câmara Municipal de Belém na configuração urbano-fundiária da cidade durante o século XIX
(Universidade Federal do Pará, 2018-12-03) LIMA, José Júlio Ferreira; FISCHER, Luly Rodrigues da Cunha; ABREU, Paula Vanessa Luz de
The paper examines the morphological transformation of the city of Belém, influenced by the new land regime inaugurated by the Land Law of 1850 and by the growth of state urban planning. We investigate the actions of the City Council in the urban land tenure and the implementation of an Expansion Plan for Belém in the 19th century. In order to understand the spatial actions undertaken by the City Council, we started from the study of three instruments: emphyteusis, the main form of land transfer used by the City Council; alignment, related to the public-private boundaries and streets definitions; and land demarcation. We investigated the original land documents that record the emphyteusis, alignment and land demarcation carried out by the City Council along the Bragança Road, the main axis of city expansion in the 19th century. From the graphic spatialization of the information contained in these documents and the research in local newspapers, it was possible to verify that the City Council acted as a pioneer state agent, through a systematized land subdivision project. The discussion contributes to the comprehension of the structuring role of the local power in the definition and change of urban morphology and to a new understanding of the Belém Expansion Plan, classifying it as not only a urban beautification project, but as a product of the political-land tenure transition that marks the nineteenth century.
Acesso aberto (Open Access)
Ordenamento territorial e planejamento municipal: estudo de caso das limitacões supralocais à aplicação do art. 30, viii da constituição de 1988 pelo município de Parauapebas, Pará
(Universidade Federal do Pará, 2014) FISCHER, Luly Rodrigues da Cunha; ETIEN, Robert; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
It aims to verify how municipalities can apply the Brazilian Legal System’s laws of territorial impact in a hierarchic, integrated and coordinated way to its planning. The scope of this analysis is limited to the Municipality of Parauapebas, in the State of Pará. This municipality fournishes a general overview of the existing legal problems in terms of land use in the Brazilian Amazon. It uses the empirical method and the case study technique. The result os this research is divided in four section. At first, it is analysed the exploitation and development projets in Amazonia since the colonial times, in order to demonstrate the changes operated in the legal system to enable the intervention of the State in the use of the territoiry. In the second part it is analysed the constitutional dispositions regarding the land use, urbanism, agrarian activities, mining and environment in order to identify the legal requirements to be followed by local planners. In the second section it is also analysed federal and State laws that influence the local planning, as well as supralocal instruments of territorial planning. In the third it is verified if the Parauapebas planning meets the supralocal legal requirements analysed in the previous sections. In the last section, it is analysed the European and French land use regulations are applied to the French Guiana in order to understand how the particularities of the Amazon region are regulated, but without the scope to compare the Brazilian and French systems. This analysis led to the conclusion that the Brazilian Legal System limits its land use regulation to the use regionalized planning instruments and sectorial polities of territorial impact, with few differentiations for the Amazon region, but there are not instruments to coordinate the effects of these policies ate the national and regional level. The municipality is the only level of the Federation legally bound to create a land use planning law. The local autonomy is conformed by supralocal laws and policies. The local land use planning and the exercice of the municipal police power are extensible to the whole territory, but they have different effects over it according to the existing land tenure.
Acesso aberto (Open Access)
O verde na selva de pedra: análise jurídica da proteção da vegetação na área urbana do município de Belém
(Universidade Federal do Pará, 2008-10-17) FISCHER, Luly Rodrigues da Cunha; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
The process of urbanization and concentration of most part of the world‘s population in cities imposes new challenges to the organization of human settlements and to the environmental protection, adversely affecting the quality of life of people and the environmental sustainability, in which urban environments are included. Among many variables that interfere in the sustainability of cities is the existence of urban vegetation, but that has no specific legal protection in the Brazilian legal system. In this scenario, this essay has the purpose to define the legal content of the expression “urban vegetation” with the identification and systematization of laws that regulate the urban flora in the Municipality of Belém (PA). We use in this essay the deductive method and documental research. We discuss the definitions of city, urban, sustainability and quality of life. We analyze the constitutional powers to legislate about environmental and land use law since 1988. We also systematize the main legal e non-legal categories used to define and to study the urban vegetation, presenting, as well, a summary of the urban vegetation‘s main functions, emphasizing its differences with the non-urban environment and its dynamics, leading to the conclusion that this protection must be understood as a process. After analyzing the federal, state and local laws in force in the municipality of Belém, we conclude the Brazilian legal system has no definition that encompasses all particularities of the urban vegetation, but there is regulation in all legislative levels for it, which must be interpreted according to the particularities and principles that rule the urban space and in light of the cooperative federalism.