LAND PARCELING AND IMPACTS EVALUATION MECHANISMS IN BRAZIL

Abstract

The proposal and implementation of parceling real estate into smaller lots in Brazil is done according to legal and technical formalities. However, these instruments have proved inefficient in reducing the resulting environmental impacts. The ambiguities of the federal, state and municipal laws and regulations have limited the effectiveness of the actions of urban administrators. Law 10.257/2001 emerged as an alternative to overcome these difficulties, proposing the adoption of neighborhood impact studies as an instrument to evaluate new proposals of urban occupation for purposes of environmental licensing. Thus, the purpose of this law is to provide the foundations for municipal public authorities to establish criteria for the assessment, mitigation and compensation of impacts resulting from new occupations. However, the very vagueness of the generic nature of this federal law and its incorrect application in municipal level has posed the greatest obstacles to the good use of this instrument of urban environmental management. This paper discusses these deficiencies and points out ways to reduce them. Careful analysis about each enterprise and neighborhood characteristics in evaluating impacts and the adoption of these principles in municipal district director plan are proposed. Thus, town council will be able to make a responsible environmental management, and to guarantee of people constitutional rights.