Critérios da gestão municipal na concessão e doação de áreas de domínio público

Abstract

This study analyses ways of concession and donation of public areas and the impacts of this prerogative of public power in the distribution and use of institutional areas. It approaches the urban problems from the sociological notion of space as well as the political commitment of the public concept of city. The study looks towards the issue of access to goods of common use such as health services, education, housing, recreation, transportation and security, among others – essential conditions to live worthily. The research focuses on the application of the concept of "social function of the city", based on the argument that the concept is metabolized according to the needs of sustaining the logic of expansion and reproduction of capital or dominant social groups, in order to disregard their essential role which is to provide the right to urban life in a democratic way. It approaches the Brazilian urban context as a dynamic space that is being restructured to the mercy of laws and urban plans, remaining, however, the limited action of these to the theoretical plan of public planning by the legal, political and administrative management instruments and control environment. Under this scenario, it has been sought to highlight the ideological and practical conflicts arising from the deliberations of public power, in relation to the shares elected as priorities and the purposes for which urban spaces have been targeted. In accordance with the national reality, there is the urban environment of Montes Claros / MG, which therefore is the locus of field research. In addition, the city has specific forms of construction and production of its urban space, bringing to the fore the debate about the criteria for using and occupation of that space. The study in loco consists in analyzing the criteria used by the City Administration, in line with the legislative and judicial powers, in the concession of public domain, through the analysis of projects byelaws ruling on public property, approved between years 2000 and 2010, linking them to the socio-spatial context in which it gave the urban sprawl of Montes Claros. The aim is also to understand which claims have been prioritized by the Municipal Administration of Montes Claros in the process of granting and giving public areas: whether there is a predominance in meeting the demands from private interests or social groups, or demands arising from collective interests which are reverted into benefits to all members of the social body and not just a part of the city.