Public concession of building rights as an instrument of urban policy implemented by the municipality of Niterói

Abstract

The instrument of “Outorga Onerosa do Direito de Construir – OODC” (Public Concession of Building Rights), instituted by Federal Law nº 10.257/2001 (City Statute), has as its primary purposes the recovery of land gains and the fair distribution of the benefits of the urbanization process. The paper proposes an investigation the application of OODC as an instrument of urban policy implemented by the municipality of Niterói, which integrates the metropolitan region of Rio de Janeiro, under the methodological format of a case study, analyzing the incidence and public collection with this instrument from 2011 to 2017. The research proposes to investigate the collection of OODC resources for the execution of actions, programs and projects of an urban nature, as provided for in art. 26, II, of Law nº 10.257 of 2001, in line with the Master Plan of the municipality of Niterói, verifying whether this instrument has concretely contributed to the implementation of public policies in the city, since we found that the municipality of Niterói was benefited between 2011 and 2017, a period in which the income earned with this instrument had a positive variation of 208%, collecting in this interval the accumulated amount of R$ 94,777,442.85.