A mitigação da propriedade privada pelos preceitos do Artigo 42 do Código Urbanístico de Camaçari

Abstract

The work describes aresearch through the study of the occupation and use of the soil, through the existing legislation in the Urban Code of Camaçari, in this way, analyzing since its creation, analysis, promulgation and its maintenance, since the referred legislation remains in force. This dissertation continues to examine the study through the Brazilian legal system on private property, in the face of constitutional protection. The central problem of the present work is based on the question of investigating whether article 42 of the Urban Code of Camaçari, respects or 'not the legislative competence imposed, through the Federal Constitution, the elucidation points out the outline that the legislation presents demonstrated the analysis as to its legality. The objective of the research continues to analyze the reflexes for the entire community, in view of the cut of the Municipality of Camaçari. The positive and negative points of the legislation, which remains in force, will be demonstrated, determining what should or should not be maintained, suggesting what should be revoked in fact and in law. The methodology chosen to develop this work is through explanatory research, using the qualitative method, since the research starts from legislation in force, weighing its impacts for the entire community, in view of the reflection having a social, cultural nature.