Atuação do Ministério Público na tutela da ordem urbanística em Lavras- MG

Abstract

The lack of planning for the construction and occupation of urban spaces has severe impacts, such as congestion, pollution, lack of green areas, noise, increased violence, as well as floods and landslides. Brazilian law provides for the environmental protection of spaces reserved to the metropolis, and the Public Ministry, as the defender of metaindividual rights, holds various instruments to promote it. The objective of this study was to analyze the form of action of the prosecution of Lavras County as an advocate of urban order; identify the legal instruments for the protection of the environment and regional planning; analyze the main issues worked in Defense Curator of Housing and Urban Development; quantify and analyze the social participation in the collective interest procedures, and finally; characterize the action profile of Parquet in Lavras. The methodology consisted of documentary and bibliographical research, analysis proceeded their content. The literature review was organized to search the SciELO and CAPES platforms, and in the collections of the Library of the Federal University of Lavras and Public Ministry, using the keywords "public prosecutor", "housing and urban planning," "environmental law" , "urban law", "master plan" and "division of land." The documentary research was to obtain information in the Unified Registration System (SRU) of the Public Ministry of Minas Gerais, extracting data on initiated procedures and closed between January 1 2008 and December 31, 2015, in Lavras. Information was collectec about the number of deeds filed by subject, procedures initiated from representation and initiative of the Public Ministry, number of procedure active and filed, suspended procedure, inquiries with Conduct Adjustment Term, and the number of procedure closed by filing and judicialization. Data were grouped into Microsoft Excel spreadsheets, generating charts and graphs. At the end of the study, a list of the main proceedings pending before the Curator Defense of Housing and Urban Development was obtended; it was found that the division of urban land was the subject most worked in recent years; it was identified the low participated of population to treat of the community interest, especially those relating to the environment, and, finally; it was characterized the 3rd Prosecution Lavras as an organ of execution with action resolutive, compatible with the new reality of prioritizing the mediation of conflicts brought about by the new Civil Process Code 2015.