Conventional urban restrictions from a case study: public and private interests in city construction

Abstract

This study addresses the issue of the legality of including conventional urban restrictions in subdivisions, as well as the possibility of repealing existing restrictions in face of new land policy. This research aims to understand the relationship between public and private interests in the urbanization process of cities, more specifically in the actions of land parceling. It is used method of analysis of the case studies, bibliographical review and research of jurisprudence, in a quantitative and qualitative way. It begins with the study of several topics of law, in order to present general conclusions. The case-law search shows an STJ’s case STJ (City Lapa) in which private restrictions overlapped municipal law, but the Court ruling indicates a way to change private restrictions by later law. In conclusion, we indicate the functionalization of the urban property and the city as parameters to equalize private demands to the public interest.