State omission and the role of the Public Defender's Office in the jurisdictional control of legal-urban instruments

• Grant number: 24/16988-0
• Support Opportunities: Scholarships in Brazil - Master
• Start date: December 01, 2024
• End date: May 31, 2026
• Field of knowledge: Applied Social Sciences - Urban and Regional Planning - Methods and Techniques of Urban and Regional Planning
• Principal Investigator: Maria Lucia Refinetti Rodrigues Martins
• Grantee: Vicente Lotito de Brito Vianna
• Host Institution: Faculdade de Arquitetura e Urbanismo (FAU). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated research grant: 23/10249-8 - 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, AP.PP

Abstract

The research aims to promote a deeper understanding of the empirical process of the functioning of instruments provided for in the City Statute as legal and political institutes, particularly the onerous granting of the right to build and the regularization of land of social interest, considering the impacts of the "jurisdictional control of public policies" for the implementation of the objectives of these instruments. The effects of "forcing implementation or regularization" have not yet been fully understood.The work is structured in a sphere of connection between the area of law and the field of urban planning, permeating not only the legislation that deals with the matter, but also its application and impacts on reality. To this end, the research involves: 1. Identifying and gathering in the database of the Court of Justice of the State of São Paulo (judicial proceedings and decisions and jurisprudence) and in the database of the Housing Unit of the Public Defender's Office (administrative procedures, meeting minutes, deliberations, extrajudicial procedures, lawsuits, representations, ordinances, monthly and semiannual reports) information elements, content, data, and experiences about how these bodies analyzed empirical cases related to the application of urban legal instruments; 2. Support the analysis with public documents from the City of São Paulo, including bills, technical studies, and files.