Advances and setbacks in the implementation of the Develop Rights institute in Belo Horizonte

Abstract

Brazilian metropolises increasingly require legal and urban tools capable of promoting fairer urban development and not only for select social groups. Numerous instruments have been implemented, being of great importance for urban planning policies and in order to provide more effective public actions. Among the legal instruments available and present in Urban Law, we highlight the Solo Criado, which allows the owner of a building to build above the construction coefficients allowed for a given land, provided there are counterparts, which must, according to the City Statute, be used to achieve the goals of a city for all. The article proposes to evaluate the path of implementation of Solo Criado in Belo Horizonte, from the 1990s to the present day. In this sense, it is sought to identify if the ends intended by the public power are being effectively achieved and are being applied correctly, without possible deviations. At the end, it is concluded that, among others, the difficulties of the implementation of the Solo Criado in Belo Horizonte are due to the inefficiency of public power and the adverse pressures of the real estate market, which considers it as another tax and private enterprises