Navegando por Assunto "Direito à cidade"

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Acesso aberto (Open Access)
Direito à cidade na perspectiva paroara: concepções dos agentes do sistema de justiça do estado do Pará
(Universidade do Estado do Rio de Janeiro, 2020) PEREIRA, Carla Maria Peixoto; VASCONCELLOS SOBRINHO, Mário
The paper aims to discusses the conception of the right to the city put into practice in urban-environmental projects and in the discourse and practice of the diverse institutions’ agents of the justice system in Brazilian Amazon, particularly in the city of Belém, Pará state. The paper central question is: what are the conceptions of right to the city followed by the justice system agents that act administratively and judicially in large urban macro-drainage interventions in the city of Belém, Pará state? Methodologically the study is based on the case study method and on exploratory and qualitative approach. The public agents interviewed are those who routinely act in cases involving the macro-drainage projects of the Una, Tucunduba and Estrada Nova basins and they are linked to the following organizations: Pará State Public Prosecution Service (MPE), Pará State Public Defender (DPE), Brazilian Lawyers Association - Pará state section (OAB), Pará State Attorney's Office (PGE) and Pará State Court of Justice (TJE). The main conclusion is that the exercise of the right to the city is inside the political system and that the legal system acts in the conflicts mediation that arise in political disputes and in the conceptions of development that emerge in the city.
Acesso aberto (Open Access)
A participação nos conselhos gestores como expressão do direito à cidade: construção de portal eletrônico de participação popular e análise do processo de revisão do Plano Diretor de Belém/PA
(Universidade Federal do Pará, 2020-12-02) CORRÊA, Eduardo de Morais; VASCONCELLOS SOBRINHO, Mário; http://lattes.cnpq.br/7843288526039148
The research analyzes the intersection between social participation and popular participation in the process of review of the cities’ master plans. In particular, it examines social and popular participation in the review of the Belém’s Master Plan (MP) started in 2019 due to the need, established by the Brazilian City Statute. The Statute determines that every cities’ master plans should be reviewed in a period of 10 years. Methodologically, the participation analysis took place in two ways. The first from a non-participating observation in the meetings of the Urban Development Council (UDC); and, second by examining popular participation in an electronic participation portal developed in the research process (Portal Participe!- https://participe.info) to receive citizens’ contributions interested on the city collective construction. The portal presents itself, at the same time, as a methodological tool for data collection and as a research product, since, when it was presented to UDC and to the Mayor of Belém, it started to be used as one of the main tools to receive people criticism about the previous Master Plan and also contributions to the construction of the revised version. It is understood, therefore, that the research took a double character, one of an applied research from the Portal Participe! use and another from a critical and reflexive analysis of the, form and quality of social participation taking the Lefèbvre (2015) theoretical perspective of Right to the City. The theoretical question that guided the research was: to what extent social participation in the construction of master plans promotes assignning of the right to the city? Three underlying empirical questions emerged from the theoretical question: how social participation has been carrying out in the review of the Belém’s Master Plan? How has UDC conducted interaction between social participation and popular participation? How effective is electronical participation? The research shows that, although social participation promotes assignning of the Right to the City in achieving master plans, there is still low the population's commitment to express their demands and desires. In the case of Belém, public authorities deals with social participation as a mere condition of legality. For example, when social interactions was limited because of the COVID-19 pandemic, public hearings were completely replaced by virtual consultations. Although electronic participation is important to the Master Plan revision, the City Hall and UDC sought to use it only in formal way, loosing the opportunity to increase the effectiveness of popular participation. Thus, City Hall and UDC used the electronic participation as amere instrument for legal and political assistance. In spite of the Portal Participe! had induced electronical popular participation in various educational spaces, meetings and events that took place to discuss the Master Plan revision, there was little people engagement. The research shows that so far the model of social participation for Belém Urban Master Plan revision is apartheid from the city population and thus the decisions may be limited to the UDC elected Councilors.
Acesso aberto (Open Access)
“Se esta rua fosse minha...”: uma análise da privatização de espaços públicos na cidade de Belém e seus efeitos no uso democrático da cidade
(Universidade Federal do Pará, 2021-01-27) TELES, Clarice Costa; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
A phenomenon that occurs in the most populous capitals of the country has been reproduced in the city of Belém: the closure of public streets for the purpose of private appropriation. This practice came to be regulated in January 2018, when Municipal Law No. 9.353/2018 came into force, which provides for the installation of a gate, chains or similar at the entrance to towns, streets and/or any other way called “street no way out". It turns out that such a law directly affects the collective right to the city. Considering this context, the present research was guided by the following question: What measure do the legal aspects of the trajectory of the urban condominium organization in force in the brazillian legal system allow for the legalization of the private appropriation of the public spaces in the city of Belém? The general purpose of this research is to comprehend the relationship between the legal aspects of the trajectory of the law that governs the urban condominium organization and the private appropriation of public spaces in the city of Belém. The specifics goals are the theoretical construction of the right to the city proposed by Lefebvre (2011) and the explanation of the capitalist urban structure from the perspective of David Harvey (2014), in addition to presenting the issues raised by Marcelo Lopes de Souza (2008) and Teresa Pires do Rio Caldeira (2000) regarding the relevance of urban segregation themes and feeling of insecurity; present the trajectory of the Condominium Law (4.591/1964), discussing its relationship with the Urban Soil Installment Law (6.766/1979) and Land Regularization (13.465/2017), especially with regard to the modalities of urban spatial arrangement; and to empirically analyze the legal treatment adopted in the themes of urban segregation and insecurity, through a case study in closed streets in Conjunto Maguari, questing to realithe relationship between the legal aspects of urban occupation and the private appropriation of public spaces in the city. The final section, will be presents some considerations about the research, where the results demonstrate that the legislative trajectory has promoted the logic of privatization of spaces that initially have public destination and later are appropriated by private individuals. The methodological approach adopted in the research is dialectical, by using the case study as an investigation method.