Gestão Municipal do Solo Urbano no Brasil e na Colômbia: aprendizados cruzados a partir de experiências com instrumentos de intervenção urbana similares

Abstract

This paper is part of a larger study that evaluates, in a comparative perspective, municipal urban intervention instruments common to Colombia and Brazil. The study combines legal and urban approaches to a proper understanding of tools defined by the correspondent national urban policies to endorse municipal urban land management. We present here instruments that represent two of the main public intervention lines over the dynamics of cities: the first focused on the control of undesirable manifestations of the land market and the second dedicated to the regulation of urban land uses. Thus, on the first line of intervention we bring those instruments designated to restrain vacant land and the underutilization of land in areas provided with infrastructure, a recurrent problem in Latin American cities. In Brazil, three instruments are designed to be used consecutively to address this situation: Compulsory parceling, building or utilization; Progressive property taxes; and Expropriation paid with public debt titles. In Colombia, this sequence is represented by the Declaration of Priority on Development and Building (DDP), which in turn brings the possibility of submitting vacant land to public auctions, and that similarly to the Brazilian mechanism has the expropriation-sanction as a last instance tool. On the second line of intervention, instruments analyzed are the Onerous Concession of Building Rights (OODC) in Brazil and the Colombian Participation in Plus Values. Both have in common the new notion in the region about land property rights and deal with the urban policy goal of fair distribution of benefits and costs from the urbanization process. Besides the analysis of the basic concepts involved, its regulatory bases and possible difficulties in its implementation, we examine recent applications of the DDP in Bogotá and the OODC in São Paulo, seeking to provide cross-learning that can foster the implementation of corresponding instruments in both countries.