Contribuição de melhoria como instrumento de concretização do estado de direito ambiental

• Ano de defesa: 2014
• Autor(a) principal: Barbosa, Wallace Souza
• Orientador(a): Souza, Roberto Rodrigues de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Programa de Pós-Graduação: Pós-Graduação em Desenvolvimento e Meio Ambiente
• Palavras-chave em Português: Meio ambiente - Estado de direito; Direito ambiental; Política ambiental; Valorização imobiliária; Contribuição de melhoria
• Palavras-chave em Inglês: Environmental law; Environmental policy; Rule of law; Contribution improvement
• Área do conhecimento CNPq: CNPQ::OUTROS
• Link de acesso: https://ri.ufs.br/handle/riufs/4122

The environmental crisis processed in cities is notable for establishing spatial segregation , to the extent that social classes with greater purchasing power occupy privileged places whose urban planning is dictated by marketing reasons. Public parks are important environmental value of the elements of valuation of properties located in its surroundings, exacerbating social inequalities, since spending on the maintenance of these public goods is disproportionately distributed throughout society, while some privileges usufruct of ecosystem services derived from such assets are not equitably accessible to all. This research has the overall objective to analyze the possibility of incidence of Contribution Improvement - kind tax - to fund the maintenance of public parks, as a tool for the implementation of the State Environmental Law, with the following objectives: a) verify that the Constitution Federal 1988 is compatible with the State Environmental Law b) analyze the elements inherent Contribution Improvement and its compatibility with the State Environmental Law , and c) verify and quantify the influence of Parque Augusto Franco in market prices of apartments located its surroundings. Therefore, it is the literature on the subject, we calculate the average concentration of Total Suspended Particles in atmospheric air and applies the method of direct comparative market data, from information collected in the Department of Real Estate Registration the Municipal Farm ( Aracaju - SE), and data for supply of apartments located in the neighborhoods Grageru and Jardins second market prices available in classified newspapers and specialize in buying and selling real estate sites, as well as field research by through contacts with realtors and directly with the owners. The study questions that guided the objectives of this research were answered positively and confirmed the hypothesis: Parque Augusto Franco influences between 5.46 % to 20.74 % the average bid price of apartments located nearby the park, covering the neighborhoods Grageru and Jardins, and can legally and operationally, since the triggering event occurred and assessed the basis for calculating the incidence of Contribution Improvement - both for the cases of construction and renovation, and for maintenance of public parks - as a tool to enable urban access right to the city and how concretizing the State Environmental Law.