Moradia social nos vazios urbanos e as medidas de fomento: uma alternativa de funcionalização da propriedade

Abstract

The most recent data from the João Pinheiro Foundation (FJP) and the Brazilian Institute of Geography and Statistics (IBGE), the housing deficit in Brazil and its most important element (excessive rent burden), as opposed to the existence of urban voids, allows for discussions that contribute to overcoming this problem and realizing the fundamental right to housing, in addition to fulfilling the social function of property. The fight against real estate idleness is also related to urban planning aimed at compacting and adapting cities in the current context of climate emergency, as the occupation and densification of vacant properties contribute to territorial planning and improves the urban use of the land. urbanized space. The search for new institutional arrangements to better functionalize empty properties in Brazil is based on the insufficiency of Compulsory Installment, Building and Use (PEUC), a coercive method to encourage the functionalization of unbuilt, underutilized or unused properties. The instrument is provided for in CRFB/88 and regulated by the City Statute (Law 10.257/01), however, little used by Brazilian municipalities and with insufficient progress when applied. As an alternative to coercive means for the functionalization of property, the present research is based on the possibility of establishing a policy that contributes to this constitutional principle, following the example of what has been done in Spain. Housing in idle properties finds important support in the legislation of the Spanish Autonomous Community Basque Country, which establishes a public policy called Bizigune. The Program allows owners (individuals and/or legal entities) to receive public subsidies as rent, so that housing properties can be incorporated into the Public Authority for allocation. This incorporation is carried out by a Basque public company called Alokabide S.A., through a transfer contract, subrogating itself to the position of the owners to establish social leasing for low-income families. Thus, the research aims to analyze the possibilities of implementing development measures to implement social housing in central urban voids, following the example of the Basque model. It is based on the hypothesis that depending on how the economic advantages and contractual conditions are structured, the institutionalization of promotion measures for the implementation of a policy of this magnitude could be an important step in the functionalization of property and compaction of cities. To this end, the methodology is legal-comparative and prospective, as it aims to identify similarities on the same matter in two different legal systems, detecting trends on the same object (housing in urban voids). The nature is qualitative, bibliographic and exploratory technique, with comparative-functional research as a technical means.