Urban planning challenges: the issue of occupancy in risk areas

Abstract

The issue of occupation of a risk area is a topic that cannot be dissociated from a discussion about the Brazilian intra-urban structure, the effectiveness of the institutions' actions in the face of the demands of the agents that make the urban space, and above all on the agents in a situation of segregation. For the purpose of the research, a legal-sociological methodological approach is adopted, and regarding the type of investigation, the legal-projective type was chosen in the Witker and Gustin classification. The main sources of the research comprise doctrinal texts, norms and other data collected in the research. In summary, occupation in risk areas occurs based on a process of segregation, in which there is the formation of a means of privileges for the dominant class, thus, the occupation is just a means for the segregated to have one of the values ​​of the land, locality or accessibility. It is necessary to deal with the occupations, which can include the carrying out of containment works, relocation in consideration of the needs of the residents. In any case, throughout this process, it is necessary to open channels of communication with the segregated population to inhibit occupation in risk areas more efficiently. The State as an institution must take effective measures in favor of the segregated population, and not merely dilatory ones.