Irregular nestings in Curitiba/PR: environmental protection and the hindrancesfor the regularization of housing
| Autor | Miriam Olivia Knopik Ferraz - Amanda Luiza da Silva Oliveira Pinto - Luiz Alberto Blanchet |
| Cargo | Master's degree in Law from PUC/PR (CAPES Scholarship) and Law Graduate from PUC/PR. Post-graduate in Constitutional Law by the Brazilian Academy of Constitutional Law. Executive Secretary of the Journal of Economic and Socio-environmental Law of PUCPR. Email: m.okf@hotmail.com - Master student in Economic and Socio-environmental Law by PUCPR. ... |
| Páginas | 167-199 |
167
Veredas do Direito, Belo Horizonte, v.15 n.32 p.167-199 Maio/Agosto de 2018
IRREGULAR NESTINGS IN CURITIBA/PR:
ENVIRONMENTAL PROTECTION AND THE
HINDRANCESFOR THE REGULARIZATION OF
HOUSING
Miriam Olivia Knopik Ferraz
Master’s degree in Law from PUC/PR (CAPES Scholarship) and Law Graduate from PUC/
PR. Post-graduate in Constitutional Law by the Brazilian Academy of Constitutional Law.
Executive Secretary of the Journal of Economic and Socio-environmental Law of PUCPR.
Email: m.okf@hotmail.com
http://dx.doi.org/10.18623/rvd.v15i32.1251
Amanda Luiza da Silva Oliveira Pinto
Master student in Economic and Socio-environmental Law by PUCPR. Member
of the Nucleus of Research in Public Policies and Human Development, of the Nucleus of
Research Studies in Taxation, Complexity and Development and of the State Nucleus and
Private Initiative in the Sustainable Optimization of Infrastructure. Layer.
E-mail: amandaluiza@oliveirapinto.com.br
Luiz Alberto Blanchet
Doctor and Master in Law from the Federal University of Paraná (1997/1991). He holds a law
Full Professor of the Brazilian Academy of Constitutional Law (ABDConst)
Email: blanchet@blanchet.adv.br
ABSTRACT
The problems involving irregular settlements are associated with a
multiplicity of rights recognized both internationally and nationally, and
entering the legal regime of urban planning of Curitiba/PR seeks to study the
relationship that exists in the norm between decent housing and protection
of the environment. Crossing this theoretical study, it is introduced in the
current problems related to the irregular settlements and especially those
that are in Environmental and Permanent Preservation Areas within the
city of Curitiba/PR demystifying several common senses. Finally, we
study surveillance, dialogue and integration between public housing and
environmental policies as possible ways to overcome the problems. The
methodology used is the logical deductive by means of the in-depth study
IRREGULAR NESTINGS IN CURITIBA/PR: ENVIRONMENTAL PROTECTION AND THE HINDRANCES FOR THE...
168 Veredas do Direito, Belo Horizonte, v.15 n.32 p.167-199 Maio/Agosto de 2018
of the legislations and the comparative one by means of the presentation
of diverse data, testimonials and the focus in the diverse sources for the
construction of the academic knowledge.
KEYWORDS: Irregular settlements; Protection of the environment;
planning; Curitiba/PR.
ASSENTAMENTOS IRREGULARES EM CURITIBA/PR: A PROTEÇÃO
AO MEIO AMBIENTE E OS ENTRAVES PARA A
REGULARIZAÇÃO DE MORADIAS
RESUMO
Os problemas que envolvem assentamentos irregulares estão associados a
uma multiplicidade de direitos reconhecidos tanto no âmbito internacional
vivencia. Ao adentrar no regime jurídico de planejamento urbano de
moradia digna e a proteção ao meio ambiente. Transpassando este estudo
teórico, adentra-se nos problemas atuais atrelados aos assentamentos
irregulares e especialmente os que estão em áreas de preservação
a integração entre as políticas públicas habitacionais e ambientais como
possíveis caminhos para a superação dos problemas. A metodologia
conhecimento acadêmico.
PALAVRAS-CHAVE: Assentamentos Irregulares; Proteção ao Meio
Ambiente; Planejamento; Curitiba/PR.
Miriam Olivia Knopik Ferraz & Amanda Luiza da Silva Oliveira Pinto & Luiz Alberto Blanchet
169
Veredas do Direito, Belo Horizonte, v.15 n.32 p.167-199 Maio/Agosto de 2018
INTRODUCTION
The irregular settlements are phenomena that occur in several
cities all over the globe and, contrary to common sense, Curitiba also has
them since its formation. In understanding irregular settlements, we also
understand the formation of real cities and all the complexity of rights that
surround the residents and the situation in which they live. Parallel to this
is the great extent that these situations have, and the object of this study is
to analyze the point of convergence between the irregular settlements and
the environment. Legislation has in a way reached this borderline, but it
is through the consonance of normative and the study of real experiences
that the reality of irregular occupations in areas of environmental and
permanent preservation will be studied.
Finally, the inspirations thought in order to reduce and remedy these
adversities can not be built only by sparse and unapplied laws, but through
constructive dialogue between government, civil society, movements and
associations. As will be evidenced in this study, it is through the consonance
between housing and environmental policies that the construction of these
solutions will rise.
Thus, the present work is developed primarily through the
analysis of the surrounding legal regime at both the constitutional, federal
and municipal level; later it enters the present programs of the municipality
environmental question. After the theoretical comparison, it enters into the
main issues listed by society, through the statistics and graphs surveyed of
the problems that these two parameters actually produce. Finally, inspiration
will be sought for future solutions through a strictly legal analysis of the
situation, proposing the monitoring, dialogue and construction of housing
and environmental policies in an integrated way for the formation of a
1. NATIONAL LEGAL REGIME RELATED TO THE DWELLING
AND ENVIRONMENTAL QUESTION
settlements, it is necessary to keep in mind that they cover a multiplicity of
rights such as the right to housing, the right to the city and urban planning,
the right to a balanced environment; and also indirect rights such as the
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