20 years of the City Statute and... the attempts to revise the Aracaju-SE Master Plan

losses or gains in the Onerous Grant of the Right to Build

Abstract

The City Statute, Federal Law no.10,257/2001, establishes general guidelines for urban policy, bringing instruments to control use and occupation and reaffirming the obligation to prepare Master Plans in Brazilian municipalities. Although it predates the City Statute, some of these instruments are present in the Master Plan for Urban Development of Aracaju–SE, enacted in 2000, as the Onerous Grant of the Right to Build. However, still without effective review, there have been several review processes of this law, but without effective success, breaking the deadline established by the City Statute for such. So, the question is who does the delay in this review benefit? Who wins and loses with this current PDDU? Therefore, this article seeks to analyze the processes related to the attempts to revise the Aracaju Urban Development Master Plan and the regulation of the Onerous Grant of the Right to Build in these. For this purpose, bibliographic surveys were carried out, and information was collected on exemplifying the need for revision from simulations with data provided by the Municipal Secretariat of Finance (SEMFAZ). However, it was noticed that the OODC was not applied in Aracaju, resulting from the lack of control by the government over the potential for densification of the areas, in addition to failing to collect funds that would be destined for urban improvements, such as infrastructure.