THE SOCIAL ROLE OF URBAN PROPERTY AND THE LEGAL ASPECTS OF COMPULSORY PORTIONING, BUILDING AND USE

Abstract

This article studies the application of urban policy instruments by the municipality, aiming
at the observance of the principle of social role of property in urban real estate. First, it discusses the importance of promulgating the City Statute to guide municipal legislation and
regulate the implementation of urban planning and expansion policies. Next it discusses
selected instruments contained in the Constitution and Federal Law, such as Compulsory
Portioning, Building and Use - Parcelamento, Edificação ou Utilização Compulsórios (PEUC)”
and the application of the progressive building and urban land tax over time, covering the
specificities of each of them and the consequences of their non-compliance. As the main
point of this article, we explore the application of the PEUC and the progressive IPTU on
time as instruments capable of combating real estate speculation, which is one of the major
challenges to the advancement of housing policies. The methodology adopted for the elaboration of this work was based on the analysis of a selection of articles on the urban policy
instruments provided in Brazilian legislation as a mean to meet the social role of property,
bringing as main reference the article “A aplicação do Parcelamento, Edificação ou Utilização
Compulsórios (PEUC)”, prepared by Rosana Denaldi et. Al. and the article “O processo de implementação do Parcelamento, Edificação ou Utilização Compulsórios: o caso dos imóveis não utilizados
nos Distritos Centrais de São Paulo (SP)”, elaborated by Fábio Custódio Costa and Paula Freire
Santoro.