Plano diretor de desenvolvimento urbano de Aracaju e a função social da propriedade urbana

Abstract

The Master Plan is the main instrument of the urban policy of a municipality, and must follow the general guidelines brought by the City Statute, National Law No. 10,257, of July 10, 2001. In Aracaju, the PDDU - Urban Development Master Plan, still in force, is that of Complementary Municipal Law No. 42, dated October 4, 2000. Pursuant to the provisions of art. 40, §3, of the City Statute, the law establishing the master plan shall be reviewed at least every ten years. This temporary lapse was ratified by the Aracaju Municipal Organic Law updated, in its article 219. The Aracaju PDDU (2000) was not updated according to the directives brought by the City Statute in 2001, and all attempts to review have not been finalized. Within this context, the proposed research sought to analyze the causes of nonoccurrence of the revisions and the consequences for the municipality of Aracaju, the accomplishment of the participative management, as well as the (dis) fulfillment of the principle of the social function of urban property, investigating if the instruments provided for in art. 182, §4, of the Federal Constitution of 1988 were implemented. To accomplish this and the other specific objectives, different methodological procedures were used, associated to different stages, namely: bibliographic survey, analysis of judicial processes and interviews with specialists from different areas of Knowledge. The results of this work show that Aracaju has been presenting, since 2000, an accelerated and disordered urban growth, with several impacts on the city and its inhabitants, like the increase of the homicide rate, being, at present, the largest in the country. Thus, it was verified that Aracaju's current PDDU (2000) has been outdated for approximately 18 (eighteen) years, without fulfilling the purpose for which it is intended, suffering the influence of social actors who do not see the city of Aracaju as a being who pulses full of life and who deserves and needs protection.