Direito à moradia x meio ambiente ecologicamente equilibrado: estudo comparativo de casos relacionados à habitação em áreas de preservação permanente no Rio da Madre, bairro Passagem no município de Tubarão/SC

• Autor(a) principal: Bressan, Denise Dela Vedova
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5820
• topic: Direito à moradia; Meio ambiente; Dignidade; Proporcionalidade

Objective: The presente study has by objective analyze if it is possible to adopt the principle of proportionality to resolve the conflict between the right to housing and the environment in the areas of permanent preservation in the Madre’s river, Tubarão/SC. Method: Regarding the level, the work will use the exploratory research, considering the little knowledge about the subject; to the approach, is qualitative and quantitative: qualitative because it analyzes the words in the inductive and quantitative form because 60 residences will be analyzed in the neighborhood of Passagem, in the city of Tubarão, Santa Catarina in the areas of permanent preservation, whose results are presented in graphs; as for the procedure for collecting data, will be made by literature method (books, articles), documentary (jurisprudence) and survey data, and the technique to assemble the data used is the questionnaire. As a result, the study carried out, it was verified that it is possible to adopt the principle of proportionality for the benefit of the dignity of the human person, since according to the Forest Code of 1965 and the Urban Land Installment Law applied from 197 until 2011, 26.66% of households would be irregular; according to the current with the current Forest Code, 5% of households would be irregular; those who do not know or did not inform the date of the work, 8.33% would be irregular according to the Forest Code of 1965 and 25% would be irregular according to the current Forest Code; and 28% discharge open sewage. Conclusion: Therefore, these irregular homes should be demolished and families removed from the site and compensated, and the public power should provide another place for displaced families and a sanitary sewer system should be installed for the dwellings that remain in the place.