Abstract
The 1990s brought urban planning and management tools for justice and social transformation to local governments in Latin America. Two countries led this movement: Brazil and Colombia, and progressively other countries as Uruguay, Argentina, and Ecuador. However, two decades have passed, and cities continue to reflect the enormous inequality in the use of land, land access conditions, housing, public space, infrastructure, and public services. Cities represent prosperity and a lack of opportunities, but there is also hope.
Social urbanism experiences with the implementation of urban planning and land-based tools and market-driven regulations are analyzed. With an emphasis on the pioneering countries of Brazil and Colombia, this chapter deals with the historical struggles, advances, and implementation of land-based tools that aim for better cities for everyone, in terms of support infrastructure, cultural heritage protection, and adequate housing conditions.
In a very positive way, other Latin American cities and countries are also moving towards social urbanism through land-based tools. They are local initiatives, which include social pressures for inclusive urban policies, responsible municipal fiscal policies, territorial equity plus legislative changes, and in this sense, the chapter also presents the cases of Uruguay and Ecuador.
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Notes
- 1.
In Colombia, there were discussed and unapproved bills prior to Law No. 388 of 1997 (and its promoters): Roof law Bill (party MRL, 1960), Project of law (Hernán Toro Agudelo (1964), Housing and urban development bill (Ministry of Economic Development, 1969), Integral urban reform bill (Mariano Ospina Hernández, 1970), Urban reform bill (Ministry of Economic Development, 1971), Project to create the bases of urban planning (Luis Carlos Galán Sarmiento, 1978), Law 61 of 1978, organic urban development law (declared unconstitutional by the Supreme Court of Justice), bill on expropriation of real estate (Ministries of Economic Development, Finance and Justice, 1982), bill to promote the improvement and orderly growth of cities (party NL, 1985), bill that declares the acquisition of urban real estate of public utility and social interest and authorizes the extinction of the domain (Edmundo López Gómez, 1985), bill that established basic norms for reform on urban areas (UP party, 1986), and bill on the use of urban properties, areas of influence in cities and urban settlements of municipal areas (Javier García Bejarano, 1986). Finally, the Congress approved the Law 9 of 1989 (initiative of Senator Ernesto Samper Pizano and the national government), and the Supreme Court of Justice approved this law.
- 2.
The complete text on legal antecedents can be found at http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=23307#0
- 3.
One of the best-known cases in which the municipal experiences anticipated juridical conflicts and questions in relation to the instrument is as follows. In articles 28 to 31, the Statute of the City instituted the charging building rights, a central instrument to reduce the inequalities derived from urban planning and urban financing (the specific experience will be developed in section three). A conceptually similar instrument, named “outorga onerosa de criar solo,” was instituted by the city of Florianopolis through municipal law N. 3.338 in 1989 (12 years earlier). The municipality conditioned the urban benefit for greater use and more intensive use of urban land to a price attached to that “created land” for those interested in build in the land beyond a free basic parameter. As a legal basis, the municipality relied on articles 182 and 183 of the federal constitution. The real estate sector reacted with a judicial action based on double taxation. The conflict was finally solved in 2008 by the STF (Federal Supreme Court), with an exposition by Minister Eros Grau, in a manner favorable to the instrument (Extraordinary Appeal No. 387.047-5 Santa Catarina). Although the debate was finalized in 2008, only 7 years had passed since the enactment of the Statute of the City, resolving early on possible similar conflicts while offering legal security regarding the use of the instrument for local governments in the country
- 4.
In this regard, for example, consult the free distribution manuals published by the NGO CELS (Center for Legal and Social Studies), published with the aim to guide and give tools to apply the law for a suitable habitat (they can be found at https://www.cels.org.ar/web/publicaciones/herramientas-para-aplicar-la-ley-de-acceso-justo-al-habitat/).
- 5.
According to the text of the legislative initiative (initiated on September of 2018), the proposal to amend the law has been justified in the need for the law to be dynamic and to be reformed according to the orientation of the social demand and the technical criteria. That justification, given the short time of implementation and scarce experiences, has little empirical evidence.
- 6.
For example, recently, Argentina has introduced different (higher) rates for public services of idle properties.
- 7.
In September 2018, the city of Montevideo approved a differentiated rate of additional 100% on the property tax for unoccupied properties, in order to pressure for their social use. It is expected that their owners will rehabilitate these properties. In case of non-compliance, the property will be on sale by force. The obligation goes with the property to the new owner; it will include its future use even for social housing purposes.
- 8.
With no literature available yet, consult the public decision in the following link: http://guayaquil.gob.ec/anuncio/1488
- 9.
- 10.
Interventions in the financial market are usually aimed at completing the economic capacity of those who do not have sufficient resources (such as subsidies to beneficiaries), as well as improving and expanding the conditions of the credit markets (reduced rates, coverage of risks, bank insurance, etc.).
- 11.
On the relationship between law and illegality in Brazilian cities, as well as regularization strategies, see the book A lei e a ilegalidade na produção do espaço urbano (Fernandes and Alfonsin 2013).
- 12.
Although of another nature, we know that the demands and costs associated with the registration of property have an important weight in the budget of poor families, pushing them even more towards urban informality.
- 13.
CEPAC is a financial asset equivalent to a bond issued by the municipality. On each IPO the regulatory agency authorizes the municipality to issue a specific number of CEPAC for specifics and bigger redevelopment projects named “Operações urbanas consorciadas.” During the auction (usually two), the municipality offers the CEPAC at a minimum price and developers make offers.
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Leite, C. et al. (2020). Tools Experiences in Latin America. In: Social Urbanism in Latin America. Future City, vol 13. Springer, Cham. https://doi.org/10.1007/978-3-030-16012-8_7
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