O Ministério Público dos Estados frente aos danos urbano-ambientais nas capitais do Sul e Sudeste

Abstract

Three decades after the promulgation of the Federal Constitution, it is ascertained how and whether the State Public Prosecutors incorporated the protection of the full development of the social functions of the city and urban property. The empirical research analyzed the object/problem investigated in 3.590 extrajudicial procedures and 1.049 lawsuits, processed in 2019, originating from the Urbanism Public Prosecutors’ Offices of the seven capitals of the Southern and Southeastern regions of Brazil, mapping urban-environmental damages and risks. The study of these damages and risks was deepened, as they correspond exactly to the object/problem investigated in the mentioned procedures, and a classification with 22 typologies and 67 sub-typologies was offered, used in the parameterization of the empirical research. For theorical grounding, the urban environment was conceptualized as the locus of the urban-environmental damage and risk, and the legal good violated by said damage in its interface with urban order, the social function of the city, a sustainable city, and the right to the city. A conventional approach was observed, concentrated in the privileged city, with interventions in irregular construction, noise pollution, risk areas, and occupation of public areas (59.74%), and an approach deemed constitutional, with slow adoption and different modulation by cities, regarding housing, basic sanitation, urban planning, and urban mobility (27.9%); and low contribution to confronting the unjust city, as the avant-garde action in implementing the functional use of private property and confronting urban land concentration is minimal (4.1%).