Função social da propriedade urbana para fins habitacionais: critérios e desafios para aplicação em Joinville

Abstract

According to the Statute of Cities, the social function of the city and property must be defined in the Municipal Master Plan. Master plans generally define it in a generic way, without offering conditions for the applicability of this important principle that indicates the way in which urban property would fulfill its social function to the detriment of individualized interests in urban growth. This dissertation analyzes how the social function can be applied in cities, exploring the impact of real estate speculation on the proper destination of properties and its consequences on access to decent housing and basic infrastructure. The case study used is the municipality of Joinville (SC), whose current legislation, whose areas do not fulfill the social function and whose new methods of application are analyzed. Analyzing data on family income, land prices, urban voids, population growth, housing deficit and urban irregularity, we come to the conclusion of the urban contradiction in the way cities are produced. On the one hand, urban growth is controlled by the real estate market and on the other hand, urban informality grows, generally in areas of environmental fragility. All of this compromises the right to decent housing, a healthy environment and the right to the city. The research shows a high housing demand in Joinville and concludes by proposing the implementation of a set of strategic measures for the construction of an effective policy for the social function of property, namely: creation of a public land bank, non-extension of the urban perimeter, new urban land policy, occupation of large empty “plots” and implementation of progressive urban tax.