CITY STATUTE AND MAIN PLAN: CONVERGENCES AND DIVERGENCES. CASE STUDY OF THE MUNICIPALITY OF NEW FRIBOURG / RJ

Abstract

The longstanding territorial urban planning is the focus of shares of public power. The Statute of cities, which regulates the articles of the federal constitution dealing with urban policy, has been considered by some scholars, one of the major legal developments in terms of management and urban planning in Brazil. In its section I, The Status of cities poses as one of the instruments of territorial urban planning at the municipal level, the plan director. This, in turn, in legal terms, has to be a tool toward the exclusive management of urban areas, despite its radius of action, in some municipalities, covering urban areas and non-urban - rural areas. At this point, the question is: How this tool incorporates the demands of management and environmental conflicts inherent in the territories as individuals, not urban, but inherently embedded in the configuration of the urban network and who see suffering multiple and different pressures of the environment, urban logic? It is believed that promoting the participation of the whole population, are of non-urban or urban areas, can lead this instrument to address its central purpose, which is driving the urban land to meet its social function, the extent this instrument can contribute to reducing social inequalities and territorial, to redistribute the risks and benefits of urbanization. In that sense, and Monken Barcellos (2007), argue that the fundamental objective is to establish how the property will meet its social function in order to ensure access to urban land and settled, recognize that all citizens the right to housing and urban services in anticipation of becoming an instrument that makes the design sustainable development of the Brazilian cities. This article brings in a first part a brief presentation of theoretical precepts and the legal bases and structuring of this instrument of urban territorial management. Later it will submit the plan director of the city of Nova Friburgo, in order to verify that this document compliance guidelines for its document of regulation, the Statute of the City.