“Before municipal works come information, mapping and cadastral registration” – Agência Infra

geography

For Victor Carvalho Pinto, a lawyer specializing in urban law and legislative advisor to the Federal Senate, more important than financing municipal works is to support the modernization of city and state administrations, the so-called “institutional development”. In an exclusive interview with Geocracy, Carvalho Pinto, city center and regulation coordinator at Arq.Futuro de Cities in Insper, did not say he was concerned about the end of the Cities Ministry, since the federal budget, Caixa Econômica Federal and the BNDES (National Bank for Economic and Social Development) allocate unauthorized resources. Refundable for many municipal works.

But, in his opinion, only properly designed and planned works should receive funds. “A business in an urban area, for example, should never benefit without an inter-consortium governance structure in place and an integrated urban development plan. [PDUI]which is mandatory, approved. […] IT systems for urban planning and management, including cartography and cadastral, for example, must be in place before talking about specific business, argues the lawyer, who lists several projects pending in the legislature on smart cities. It must be followed by society.

Read the full interview below.

With the Ministry of Cities over, can we say that there are federal tools to promote urban development? If yes, what would they be?

The previous Ministry of Cities was merged into the current Ministry of Regional Development. I am not aware of any harm caused by this procedure.

The union does not directly make urban policy, but it has a very large indirect influence.

From the legislative point of view, the “general standards”, which define the planning system and its tools, are federal. Today, the picture is fragmented, with city ordinance as the main law and specific laws on zoning, urbanization, regulation of land tenure and expropriation, as well as sectoral policies with important urban implications, such as taxation, basic sanitation, electricity distribution, the environment, civil defense, mobility and logistics and communications. There are many inconsistencies and gaps between these laws that need to be fixed.

From an administrative point of view, the federal budget allocates non-refundable resources to many municipal businesses, Caixa Econômica Federal FGTS manages, and BNDES supports structuring concessions and public-private partnerships [parcerias público-privadas]. It will be very important, by the terms, that only properly designed and planned business receive funds. For example, a business in an urban area should never benefit from an inter-consortium governance structure and an integrated urban development plan. [PDUI]which is mandatory, approved.

More important than business financing is financing the modernization of municipal and state administrations, which is generally called “institutional development”. Information technology systems for urban planning and management, including mapping and the land registry, for example, must be in place before specific works can be talked about.

What are the key bills residents should note about city development and their data management, so that we really have “smart cities”?

There are important projects on the urban planning system, intervention in degraded areas, zoning of land, addressing informal settlements and smart cities.

The PL 5680/2019 It distinguishes urban plans, and organizes the entire planning system around four plans: the integrated urban development plan, the master plan, the urbanization plan, and the detailed plan. Each plan will be regulated by the executive in terms of its physical content and form of presentation. The model is inspired by Portuguese law.

The PL 5.621 / 2020 It regulates the principle of equitable distribution of benefits and burdens arising from the urbanization process. Among other measures, it allows municipalities to receive a lot of social housing as urban costs in new subdivisions.

The PL 5831/2019 Strengthens the authority of the municipalities in the fight against secret divisions. It requires that water and power be distributed only if the municipality is interested in a settlement. If there is such an interest, it authorizes the requisition of the property and the carrying out of the works by the municipality, with the expenses being reimbursed by the responsible person.

The PL 6905/2017 It creates a specific legal system of expropriation for the repartition of land, that is, for projects that reconfigure existing plots and spaces. In order to encourage friendly expropriation, it is allowed to offer a price higher than the market value of the property and replace it with another price, produced in the enterprise, or by participating in the capital of a special purpose company created for its implementation. the operation.

The PL 5.134 / 2019 The franchise regulates public works, which are financed solely from non-tariff revenue, such as rental or transfer of real estate, advertising and contribution to improvement.

The PL 976/2021 PNCI (National Policy for Smart Cities).

Among the projects that are related to other topics, but affect urban development, I would like to highlight two: PL 2.159 / 2021regarding environmental licensing, which provides for integration hypotheses with urban licensing, and PEC 110/2019of tax reform, which eliminates the need for municipal council approval of the IPTU value plan.

It is also important to note that the latest version Railway Law It contains a special chapter on urban operations aimed at making use of the areas surrounding the stations. changed the Decree-Law on Expropriation To promote urban expropriation and city ​​system To allow the creation of a slab or surface on railroad tracks and parking lots.

There are many federal challenges in cities, whether in managing federal poles to electricity or fiber-optic distributors or even state sewer systems. How can the federal dialogue be improved to improve municipal governance?

In my view, we need an institutional model for the integrated management of these sectoral networks and equipment, whether they are underground or on the surface. Since most of the networks follow the road system, I will include it in this corporate model, especially with regard to the maintenance of sidewalks. We have to study how to do this in other countries, but I imagine a system where one economic agent is responsible for building and managing the infrastructure shared by many franchisees, such as underground galleries, antennas and poles. This agent will lease these infrastructures to franchisees, with technical and economic regulation that avoids passive interference between services and prevents abuse of economic power. Given that there are federal (power and communications), state (gas through pipelines), urban (water and sewer), and municipal (drainage and public lighting), I understand that this institutional model has to be established by federal law.

The Brazilian Charter for Smart Cities has included this issue in Recommendation 2.6.1: “To create an independent public service for the management of subsoil, soil, urban furniture and airspace, with a view to their joint occupation by companies and bodies responsible for services.” public and private use.

I think that the Ministry of Regional Development can form a working group on this issue and request the support of international cooperation organizations for consultations and exchange of experiences.

What would the social function of property be in this context?

As a country of continental proportions, there will certainly be, for many years, a very diverse set of situations in the Brazilian territory: border regions, with horizontal urbanization, medium-sized cities in the process of verticality and megacities with degraded historical centres, for example.

The social function of property, according to the Federal Constitution, is determined by the general scheme and varies from land to land. There is no general social function for all cases. There are characteristics that you should not attend; others that must be urban and built; Others that must be maintained and modified. It is up to the master plan to qualify the area, defining each case.

At the same time, I’ve seen structural plans, zoning ordinances, and building codes that are overly detailed, and impose very strict rules, both in terms of urban standards and building standards for buildings, and in terms of their permitted uses. In a scenario of rapid demographic and technological changes, these rules become obsolete in a few years and end up preventing the use of property of interest to the market. I think this is an important factor in explaining the laziness and even the abandonment of many buildings.

A recent example is office buildings, which were left idle during the pandemic and might have been better put to use for residential use. Urban regulation must be flexible enough to allow this without significant restrictions.

We have to incorporate and greatly simplify these rules, in order to allow the buildings to be put to different uses, as needed. In most municipalities it is necessary to change the master plan, with all the requirements of general thought and advice, to solve simple problems, drawn from these very detailed rules.

The authors’ opinions do not necessarily reflect iNFRA’s thinking, and the author is fully responsible for the information, value judgments, and concepts expressed in the text.

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