Judge Luíza Barros welcomes the action of the Public Defender’s Office, which argues that the administration did not carry out technical studies before proposing the measure, nor did it include civil society in the participation cycles
The Justice of São Paulo determined this Thursday 20, through an injunction, the suspension of the bill (PL) of the municipality of the capital which allowed the use of the Urban Development Fund (Fundurb) to pay for paving and renovation workson the basis of the changes to the master plan of the city.
The provision was under discussion in the City Council of San Paolo and had already been approved in the first vote on Tuesday 18 last, it could be moved and applied in the renovation of asphalt and roads.
The decision to suspend consideration of the bill was taken by Judge Luíza Barros Rozas Verotti, of the 13th Public Treasury Court. The magistrate granted an injunction after São Paulo’s public defender’s office filed a public civil action to block the city hall project.
In the decision, Barros justified that the project violates two determinations of the Main floor. One is the minimum allocation of Fundurb resources for building of social interest, which would be violated by allocating part of the fund to resurfacing the road surface; and another because the proposal was not subjected to a participatory cycle “essential to guarantee publicity and transparency”, according to the magistrate.
PL 115/2023 proposed by the mayor’s management Ricardo Nunes (MDB) would amend two articles of the 2014 São Paulo Strategic Master Plan Act and allow the use of Fundurb resources to cover the cost of paving and resurfacing in São Paulo.
Fundurb raised 1 billion reais last year through onerous contributions, which are fees paid by civil construction on works that exceed the size limits established by law. In 2023, the balance through March points to R$252.1 thousand raised for the fund.
The Office of the Public Defender, through the Center for Housing and Urban Planning of the Public Defender, understood that the proposed changes in the original law would have compromised the access of the most vulnerable population to housing policies and would have undermined investments in transport public.
According to the Master Plan law, at least 30% of what is raised for Fundurb must be invested in Social Interest Housing projects and productions, and at least 30% must be destined for the creation and implementation of interventions to improve urban mobility.
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The public defenders also argue that the City sent the bill to the House without carrying out technical studies and without listening to civil society on the proposed changes.
“Any proposal for legislative modification of the masterplan must be preceded by an administrative phase, coordinated by the Municipality, both for the preparation of technical-diagnostic studies and for popular participation”, defenders Taissa Nunes, Allan Ramalho and Pedro Feilke, from the defender’s specialized housing unit.
“This participation must be through public hearings, debates, conferences or public consultations. The formal availability of these participatory platforms and spaces does not, by itself, satisfy the constitutional requirement regarding community participation,” they added.
In a note sent on the occasion of the approval of the proposal in the first vote, the Municipality of São Paulo said that the proposed changes “aim to make these needs also a priority for investment” and that they do not compromise the resources allocated to housing and to collective public transport, cycle paths and pedestrian circulation, since the minimum percentages established by law are maintained.
Source: Terra
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