Espacialidades e especificidades: as operações urbanas consorciadas como ferramenta de planejamento e de gestão do espaço

Abstract

The operação urbana consorciada, instrument of urban policy instituted by the Estatuto da Cidade, Federal Law n° 10.257/01, may be used as planning and management mechanism since based in: recognition of local specificities, obligation and benefits partition inherent to the urbanization processes and the participation of the town actors in the decision on socioterritorial interventions. The instrument shall be formatted as a complex system of public policies feasibility inserted in the district master plan, under methodology which reaches the city rights, preconized by the Constitution of the Federative Republic of Brazil in 1988. Experiences of concerted performance precedents to the operação urbana consorciada, accomplished in some Brazilian districts like São Paulo and Belo Horizonte, provoked situations of socioterritorial exclusion in perimeters comprehended by them, since the decade of 1980 to the first years of the decade of 2000. The review of the legislation pertinent to the theme of territorial order in Brazil and the possibilities granted by technicians and researchers starting from concepts contained in the Estatuto da Cidade to the operations might be used to enunciate this instrument form of organization as a complex planning and management system of the town space, subject treated in this thesis. A structure is generated to the operação urbana consorciada discussion through wide and contemporary arguments regarding planning and management districts, organized by the neighborhood impact study proposition which is another instrument of urban policy disposed in the Estatuto da Cidade and also mandatory to the elaboration of the operação urbana consorcida as a participative method of demands and potentialities local recognition. The neighborhood impact study, as instrument suggested to the elaboration of the referred operations, should contain complementary processes, synthesized in an urban planning, for which the objectives and pacts are firmed for the specific city perimeter transformation, and also in the economical and financial feasibility study by through the plusvalia recoup generated by the urban ground structuring and appropriation processes are settled. A lot of arguments presented by the constitution of the operação urbana consorciada as instrument with urban and juridical safety of intervention to the city enhancement reference the repertoire of experiences stood out in this work, which are: the Zones D´Aménagement Concerté Parisian; the Planes Especiales de Reforma Interior Barceloneses; the Planes Parciales used in Colombian districts and the Operação Urbana Consorciada Estação Barreiro e Adjacências, in constitution in Belo Horizonte. The thesis development displays that the operação urbana consorciada should be constituted as a complex unfold of process and actions, which bonds subjects based on the territory, but which are not defined by the conceptions drawn from a project of physical intervention without taking the social conflicts and city appropriation into account.