Loteamentos de acesso controlado: proposta de protocolo municipal de governança.

Abstract

This Dissertation sought to propose a protocol for the municipal regulation of Controlled Access Allotments (LACs), in view of the legal (establishment of parameters for regulation), urban (ordered growth of the city), social (collective perception about the medium) and legal formalization regarding the Public Registry. The absence of parameters (Law 13.465 / 2017) that guide the municipalities in the regulation of the subject generates non-conformities and does not meet the public interest. The strategy of a qualitative approach was adopted, using the direct and indirect documentary analysis tangible to the Institute of Controlled Access Allotment (closed), by the description and analysis of the legislation (Laws 10.527 / 2001, 6.766 / 1979, 13.465 / 2017) and respective jurisprudence, in addition to the laws referring to nine municipalities that regulated the LAC (after the enactment of law 13,465 / 2017). A digital form was prepared and sent to the Bahia Property Registry Officers. It was observed that in federal legislation there is no allowance for closed subdivisions, since Law no. 13,465 / 2017 regulated the Controlled Access Allotment (LAC) which, although allowing the physical closure of the perimeter, does not authorize the blocking of access by the popular to the interior of the enterprise. However, for the LAC not to be a facade for the implementation of fully closed subdivisions, it is necessary, primarily, to establish guidelines and criteria for the municipal regulation of the matter.