New planning instruments and the oversight from the system of justice: the case of the Operação Urbana Consorciada Água Espraiada

Abstract

Urban operation consortiums are instruments established by the Cities’ Act (Estatuto da Cidade) that aim at the implementation of great urban projects based upon public-private partnerships
that count with the participation of civil society both during its development and execution. They are complex tools that alter the local land use and occupation by selling constructive benefits to the real estate market. The funds gathered by this strategy finance a list of works and urban improvements, aiming for the economic sustainability of the project. With only a few and very polemic cases in Brazil so far, this article highlights the role played by the justice system in the resolution of conflicts emerging from the implementation of this instrument. Examining the case of the Urban Operation Consortium Água Espraiada, in São Paulo, the article describes the uncertainties produced by the project’s implementation in regards to the interpretation of the law on land use and occupation, as well as the impacts on local communities. At the same time, it is still possible to observe the reproduction of old problems surrounding Brazil’s urban planning, including the difficulties in respecting the rights of marginalized groups with the expulsion of lower income population to the outskirts of the city. In conclusion, this article suggests that while the new legislation provides increased power to these communities by granting greater legal access, Brazil remains far from accomplishing the constitutional principles of right to the city, social function of property, and democratic urban planning and management.