Da (in)efetividade da tutela ambiental urbanística de Maceió-AL: considerações em face do caso Pinheiro

Abstract

The study aimed to analyze the urban environmental protection of Maceió in the face of the Pinheiro Case. For this, the exploratory-deductive method was adopted, since it allows to carry out broad investigations on the object of study, connecting the elements of detailed observation of reality with a literature review directed to the objectives of the project. That way, to achieve the purposes of the work, the classic concepts of basic principles of the national legal system were studied, such as human dignity, minimum existential and solidarity, revealing their scope of environmental protection. Moreover, these conceptions were used to investigate the State of Social and Environmental Law and its adequacy to the social, political, economic and legal reality of the country, in addition to observing the urban law as an element of this model of State. Then, it focused on the study of municipal urban law through its main instrument, the City Development Plan, being carried out a study on the socio-environmental devices included in this, which showed the ineffectiveness of the socio-environmental protection of the municipality. This document of urban organization was observed as central to the restructuring of the city after the subsidy of the soil and the forced displacement of more than 14 thousand families. Finally, a proposal was developed for the use of the area affected by the exploration of rock salt that is for collective benefit and that avoids the appropriation for profit of the neighborhoods by the polluting company.