Legal urban instruments structured by Virtual Land (Solo Criado): revealing impacts on the vulnerable population. References for the performance of the Public Defender's Office

• Grant number: 23/10249-8
• Support Opportunities: Research Grants - Research in Public Policies
• Start date: July 01, 2024
• End date: June 30, 2026
• Field of knowledge: Applied Social Sciences - Urban and Regional Planning
• Principal Investigator: Maria Lucia Refinetti Rodrigues Martins
• Grantee: Maria Lucia Refinetti Rodrigues Martins
• Host Institution: Faculdade de Arquitetura e Urbanismo (FAU). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated researchers: Douglas Tadashi Magami ; Luciana de Oliveira Royer
• Associated scholarship(s): 25/00235-5 - Implementation of urban planning instruments: case studies and assessments, BP.TT; 24/16988-0 - State omission and the role of the Public Defender's Office in the jurisdictional control of legal-urban instruments, BP.MS; 24/09979-4 - Impacts on the vulnerable population from legal urban instruments structured by Virtual Land (Solo Criado), BP.TT

Abstract

This research seeks to understand, in partnership with the Public Defender's Office, the transformations of the land created, in the São Paulo context, in its regulation and respective impacts from the transformations of the political economy, especially in the neoliberal context. It seeks to understand the nature of the land created and discipline in the fields of urbanism and law, and to reveal the impacts, especially on the most vulnerable population. It seeks to read how the created land supports the different arrangements between the State and the private sector structured by various legal-urban instruments and their consequences. The proposal presented here aims to articulate investigations in the field of urban regulation, in order to shed light on the main question posed, that the way in which the virtual land has been operated in cities that use this instrument has been generating, alongside some urban benefits desired, regressive impacts in relation to the most fragile part of the population. In this sense, the research will seek to understand the soil created, especially its foundations; purposes for which they were designed; trajectory of regulation and application; products; who wins and who loses; based on the assessment of whether this virtual instrument of urban policy has worked as a mechanism to promote public interest and social justice or as an economic incentive and income transfer to economic agents that work in the production of space, therefore being appropriated by them for economic exploitation purposes . As a method, this contradictory object, which is the virtual land, will be circumscribed. In the research in search of paradigms and a methodological path, Paulani's procedure (2020) is used, seeking to explain the investigated object (in his case, Money), confronting different theoretical bases and a multiplicity of inputs from different theoretical matrices. Still as a method, the research will seek to identify an extension of procedures used in issues and situations already conceptualized and partially studied: the notions of tax waiver and environmental justice. In addition to the conceptual debate, the method will involve, based on four concrete cases, creating identifiers that can show a violation of the urban order. Thus, the methodological procedure will involve understanding the nature of the land created from different theoretical perspectives - based on bibliographical research and the study of four cases involving management of constructive potential in São Paulo. Based on the follow-up of the theme and previous research, three cases are identified, in a preliminary way, in the city of São Paulo, headquarters of the institutions and central in the experimentation of the created soil: PIU Vila Leopoldina, Urban Operation Água Espraiada, Pacaembu Stadium Concession, and one outside the capital and the Metropolitan Region: the Payment for the expansion of the constructive potential, in the city of Sorocaba. The research will be produced in partnership, with emphasis, by academia, on the development of a methodology for identifying, describing and evaluating the possible quantification of these impacts; and by the Public Defender's in the study of legal forms and foundations for the procedural or extrajudicial elaboration of protection for the vulnerable. In relation to the managing partner in the present research, the Public Defender's Office is a permanent public institution, essential to the State's jurisdictional function, incumbent upon it as an expression and instrument of the democratic regime, fundamentally, legal guidance, the promotion of human rights and the judicial defense and extrajudicial protection of individual and collective rights in an integral and free way for those in need. It is up to the Public Defender's Office, in this context, to control urban public policies whose scope is the defense and promotion of human rights. (AU)