A efetivação da nova ordem urbanística pelo poder judiciário: análise das decisões proferidas pelo tribunal de justiça do estado do ceará, oriundas da comarca de Fortaleza entre 2013 e 2017

Abstract

Urban policy inclusion in the Constitution of 1988 has founded a new urban development legal framework in Brazil, which, however, remains far from its full effectiveness. This study aims to confirm if this new constitutional framework has been observed by the judiciary power, establishing the predominant orientation in decisions by the State of Ceará’s Justice Court concerning the subject. The conducted research is empirical and qualitative. Thus, judicial decisions by the referred justice court are analyzed. These were originated in Fortaleza’s district court between 2013 and 2017, contain keywords related to urban policies and generally oppose the right to an artificial environment to the right to property. Research findings show that the new urban development legal framework, based on urban planning, has predominantly oriented judicial decisions regarding urban law in the municipality of Fortaleza, although there are still traces of the old patrimonial model. Moreover, the study identified some of the problems, which still hinder the implementation of the new constitutional urban development framework. These findings are important to guide future court decisions and also to scientifically support and to improve public policies and other research about urban development in Fortaleza and in Brazil.