O planejamento do solo urbano como conformador do direito a cidades sustentáveis: uma análise do plano mestre urbanístico e de mobilidade do Fortaleza 2040.

Abstract

Urbanization is one of the most paradigmatic phenomena in recent human history. With it, a number of challenges arise for the planet, especially in the social, environmental and economic dimensions. Urban centers, thus, represent large producers of wealth, but also accumulate social and spatial inequalities, and are responsible for the highest rates of pollution and environmental degradation on Earth. While presenting these challenges, urban centers also present countless opportunities for improving quality of life and preserving the environment. Among the models that aim to take advantage of these opportunities there’s the sustainable cities’ model, which aims to balance the three dimensions mentioned, seeking to maintain a good quality of life for present and future generations. Brazil, as a highly urbanized country, does not escape the rule and presents numerous problems caused by urbanization, with an extensive domestic legislation regarding urban policy, including the “Estatuto da Cidade”, which expressly provides for the “Direito a cidades sustentáveis”, which, as many others still demand greater attention from legal and administrative actors, as there are several urban policy instruments capable of giving greater effectiveness to this specific right. The present work, therefore, intends to analyze the urban land planning in the realization of the right to sustainable cities, seeking to find requirements to be present in this planning for the implementation of the “Direito a cidades sustentáveis”, and, finally, analyzing the case study of Fortaleza's 2040 “Plano Mestre Urbanístico e de Mobilidade”, an urban development plan presented by the current management of the Fortaleza City Hall, which aims to make the city a place of good housing for all. To this end, a bibliographic and documentary research was carried out, in which certain requirements were found capable of contributing to the realization of the referred Law, and, going on to the analysis of the “Plano Mestre Urbanístico de Mobilidade” of Fortaleza 2040, it was concluded that the project has some positive points, but which, in general, has the ability to generate more sprawl and socio spatial segregation, and environmental degradation in certain areas, so as not to conform to the “Direito a Cidades Sustentáveis”.