A outorga onerosa de alteração de uso e a destinação da contrapartida a programas de habitação de interesse social

• Ano de defesa: 2021
• Autor(a) principal: Oliveira, Ilka Suemi Nozawa de
• Orientador(a): Saule Júnior, Nelson
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Outorga onerosa de alteração de uso; Direito à moradia; Recuperação da mais valia
• Palavras-chave em Inglês: The special assessment tax for change of use; Right to housing; Value capture
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/24871

The aim of this dissertation is to present an analysis of resources from the special assessment tax for change of use as an instrument of urban policy and as a tool capable to support social interest housing programs financially in case of payment in cash or, even under any other way, as in the case of real estate donation located in urban areas with infrastructure or through the construction of housing, can be intended for social housing programs, in order to support the decrease of housing deficit in accordance with the guidelines and positions established in international agreements and the prescriptions of Brazilian Federal Constitution and the City Statute. Throughout this work, the right to housing will be highlighted as a fundamental guarantee and as an important component of the right to a sustainable city, constitutionally guaranteed. This work also analyzes the legal regulation since its origin, the goals to be achieved regarding sustainable urban development, the main aspects of the special assessment tax for change of use, such as legal concept, the establishment in the City Statute and general guidelines, as well as the premise that justify its appliance. Throughout this dissertation, other urban policy instruments are presented that must be applied together with the special assessment tax for change of use, the types for its application, followed by the reasons that justify the correct destination of the resources, in particular to support social interest housing programs. At last, an analysis of the special assessment tax for change of use in the Federal District is demonstrated, and having been chosen the capital of Brazil because it was the precursor city to adopt the instrument, even before being established by the Statute of the City, being subsequent in the same chapter the presentation of the legal provisions, its formula to charge, the destination for the collected resources and the application in social interest housing programs, followed by the presentation of comments about the type chosen by the capital of Brazil. Regarding its methodology, the work was written based on deductive method, supported by empirical data, bibliographic references, legislative and jurisprudential research to demonstrate that the special assessment tax for change of use proves to be an effective instrument mainly as a way to recover investments made by the government that has result in the real estate valuation of urban properties and thus achieve a fair distribution of the benefits and onus of urbanization, which can be applied both in change of use as well as in changing rural areas into urban areas. In order to seek the global community interest in order to achieve democratic cities and socially just, the special assessment tax for change of use is and effective instrument, being in line with the precepts of sustainable urban development for the progress of humanity