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1. . INTERVENCIÓN DEL ESTADO EN ACTIVIDADES PRIVADAS INMOBILIARIAS PARA LA PROMOCIÓN DE LA AGRICULTURA FAMILIAR EN ZONAS PERIURBANAS STATE INTERVENTION IN PRIVATE REAL ESTATE ACTIVITIES FOR THE PROMOTION OF FAMILY AGRICULTURE IN PERI-URBAN AREAS Miguel Etinger de Araujo Junior Doctor of City Laws - UERJ - Brazil e-mail: miguel.etinger@gmail.com Erika Juliana Dmitruk Master of Philosophy and Theory of Law - UFSC - Brazil e-mail: ejdmitruk@hotmail.com Karina Alves Teixeira Santos Master of Negotiation Law - UEL - Brazil e-mail: karina.teixeira.adv@hotmail.com

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

2. 1. INTRODUCTION 2. OUTLINES OF A RISK SOCIETY. 3. ENVIRONMENTAL RULE OF LAW 4. RISKS IN URBAN ACTIVITY. THE REAL ESTATE ACTIVITY. 5. THE URBAN INTERACTING WITH THE RURAL 5.1 THE OPTION FOR FAMILY AGRICULTURE 6. ARTICULATED CONCLUSIONS

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmental Law

3. 1 – Justification of research: - Brazilian reality - Brazilian urban population - 85% - approximately 160 million people - Unplanned urbanization - Socioenvironmental issues (environmental degradation, marginalization, violence) - Lack of urban planning and territorial ordainment Only the Federal Constitution and the Statute of the City are not enough...

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

4. - In the countryside: Large estates – production for export Small producers (family agriculture) production for domestic consumption

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

5. Also

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

6. The compensation required for the negative effects of the urbanization process usually lacks studies. They are specific questions, not related to a suitable regional (urban and rural) planning. - Alternatives for compensation - Legal Approach

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

7. 2 – RISK SOCIETY The study proposal starts from a global reality of increasing social and environmental risks due to the lifestyle that one wants to implement globally. It is the capitalist model with strong appeal to the consumer, assuming imperceptible risks - Ulrich Bech - Risk Society Possibility of serious environmental and social impacts. Ex: climate change, environmental injustice

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

8. Apparently, everything is justified in the name of "modernity". Urbanization is regarded as a synonym for progress! If not agreed, there is the need that society and the State adopt measures to protect the collectivity.

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

9. 3 - Environmental Rule of Law Hypothesis for socioenvironmental protection – Environmental Rule of Law State and SOCIETY acting in this direction. Rights of 3rd dimension (Liberal State - Welfare - Environmental) The State is fundamental - coercive force

   12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

10. Environmental law is important to enforce the Environmental Rule of Law The Constitutions should reflect these values

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

11. P.S. New Latin American Constitutionalism Constitution of Ecuador Rights of nature Article 71. Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

12. 4 – THE REAL ESTATE ACTIVITY - RISKS Besides the risks related to the natural environment (rivers, seas, climate, forests, etc..), urban issues also deserve attention. After all, we are a predominantly urban world population. And the products of the risk society seek to reach this urban population.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

13. One of these products is housing. In Brazil, since the global financial crisis of 2008, one of the measures adopted by the federal government was the construction of houses and apartments – PMCMV (My house My life Program) There is criticism – it is not a housing program, but one to improve economic conditions, encouraging construction (jobs, taxes, etc.)

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

14. The real situation is:

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

15. If the impacts are known, it is possible to examine whether they are NEEDED, and how to make a COMPENSATION. In general, Brazilian municipalities have jurisdiction to determine what action should be taken by a surveyor or a construction company.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

16. Usually there is lack of integrated technical study. It is determined: - Paving of a street - Construction of a school or daycare - Restoration of riverbanks

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

17. This impression of development ends up attracting more people to live in the urban environment. There is an increase in urban areas at the expense of the rural ones.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

18. See PMCMV in Londrina/Brazil (with 500 thousand inhabitants) In 2009/2010 – 2,7 thousand housing 12 thousand people without public services In 2014, intends to transform 2.3 million m² in urban area

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

19. In some places it is possible to say that development will occur with the DECREASE of urban population and real estate investments. The term ENERGY can be treated here not only from the mechanical aspect (buildings, etc..), but as a matter of quality of individual and collective life. Based on the reduction/modification of parameters of urban intervention, we propose an ALTERNATIVE to current models, especially in Brazil.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

20. 5 - URBAN and RURAL

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

21. ..

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

22. There are many legal and urbanistic instruments for this purpose. Ex: Curitiba/Brazil - transferring of an urban property to the municipality for construction of social housing in the face of Onerous Grant to the Right to Build (France - Plafond Legal de Densité – PLD) Article 28 of Law nº 10.257/2001 - Statute of the City.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

23. The alternative proposed here is to set up an activity focused on family agriculture in peri-urban areas at the edge of rural to urban area. "Family agriculture" is defined as that one developed in small and medium-sized rural properties, whose activity values the environmental and social aspects

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

24. . What is to be achieved? - Control of the speculative growth of urban area - Maintenance of the population in rural areas - Improvement of products (price and quality) - Appreciation of local cultures - Identification of regional vocations - Social networking - Extinction of the figure of the "middleman"

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

25. Example of incentive to family agriculture: Brazil - School Feeding Program - incentives for Education Departments to buy local agricultural products. Over 60% of the municipalities buy from family agriculture. 30% of the resources of the PNAE = National School Feeding Program should be spent on these products.

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

26. 2) U.S.A. - Community Land Trust (CLT) CLT is a non-profit community corporation focused on the use and management of land for the benefit of the local population. They are in urban areas. Influenced by the kibbutz (Israel), Grandam neighborhoods (India), garden cities of Ebenezer Howards

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

27. 6. ARTICULATED CONCLUSIONS Need for better urban environments A variety of activities that generate environmental and social risks Need for action by the Environmental Rule of Law The real estate activity without control can generate various problems Ex: Reduction of rural areas Increase in urban population and homelessness Increased spending on public services Socio-spatial segregation

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

28. States' performance in compensating the negative factors An alternative to the currently used procedures Strengthening of family agriculture in peri-urban areas Need to assess each situation ----------------------------------------

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

29. OBRIGADO GRACIAS THANK YOU GRÀCIES MIGUEL.ETINGER@GMAIL.COM

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW

30. ..

    12th Colloquium 2014 ofthe IUCN AcademyofEnvironmentalLaW