“Se esta rua fosse minha...”: uma análise da privatização de espaços públicos na cidade de Belém e seus efeitos no uso democrático da cidade

Abstract

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.