Implicações urbanísticas e financeiras do recebimento antecipado de áreas públicas pelo município de Uberlândia- MG: um estudo de caso

Abstract

Faced with the scarcity of financial resources for the execution of infrastructure work, Uberlandia city, has announced with the development of the forward Receipt of Public Areas (ROPA), editing Law 10181/2009 that allows an agreement with private individuals. Due to these negotiations involving public property, this research seeks to understand, through a case study, how the use of the institute called RAAP, especially that resulting from Law 10.181/2009, is being managed by the administration under the urban and financial perspectives. It is worth mentioning that the modality created is a distortion of the land use and subdivision laws, especially Federal Law 6766/1979 and Complementary Law 523/2011, provide in their texts the need for landowners to allocate percentages of area for public use, upon registration of the subdivision. Thus, the theme is relevant since the public interest with regard to the acquisition or encumbrance of municipal real estate, including its financial effects, considering that there is an unconventional exchange of areas with private individuals, emphasizing that some of these buildings would be used for the implementation of public facilities to benefit the populations directly involved. Thus, its general objective is to analyze, through a case study, how the Municipal Law no 10.181/2009, which authorized the RAAP within the scope of the Municipality of Uberlândia, is administered by the local management and what are the urban and financial implications arising from it. of its use. And the specific objectives are to contextualize the anticipated receipt of public areas and the reasons that triggered their creation; identify and analyze a case of early donation that resulted in the use of credits in subdivision; indicate how many and which subdivisions are no longer receiving in public areas; verify if there was financial equivalence between the received and compensated areas. To carry out the research, a qualitative approach was used, based on an exploratory investigation, having as a strategy, a case study of the municipality of Uberlândia, involving the case of an owner participating in the anticipated receipt of public area that deals with the municipal law. 10181/2009 and verify how the municipal management manages its patrimony when the donations are made by the individual and the subdivisions are approved by the Urban Planning. Thus, this case analysis showed that it is the form of management adopted that defines the perception of advantage in the RAAP, demonstrating the financial disproportion between the exchanged properties, in addition to the lack of some modalities of public areas in the projects studied.