Regime jurídico do Estudo Prévio de Impacto de Vizinhança

• Autor(a) principal: Perez, Fernanda de Moraes
• Data de Publicação: 2008
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8388
• topic: Estudo Prévio de Impacto de Vizinhança; Ordem urbanística; Meio ambiente urbano; Direito ambiental -- Brasil; Direito urbanistico -- Brasil; Politica urbana -- Brasil; Neighborhood Impact Preliminary Study; Urbanistic order; Urban environment; Environmental Impact Study; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work has the purpose of examining the legal regime of the Neighborhood Impact Preliminary Study - NIS, with the interest to define and delineate the requirements and conditions for its application by Brazilian municipalities. The NIS is a new instrument created by the Statute of the City - Federal Law No. 10.257, 2001-7-10, which for its application on behalf of the municipality while carrying out its urban policy, must initially be regulate by a specific law, based on the Director Plan. Relevant, in this sense, the delimitation of their content so that it not be confused with the Environmental Impact Study - EIS, since the NIS will be required by municipal agencies for projects and activities, as defined in specific municipal law, private or public, causing a great neighbourhood impact of the urban order, as a requirement for obtaining licenses or permits for construction, expansion or operation under municipal supervision. Therefore, by being an instrument still little discussed and addressed in the Brazilian doctrine and jurisprudence and that requires a legislative act in the various municipalities of the country, the current study is clearly justified. To this end, the present monographic study will be developed based on research of national doctrine, based on consultation of books, monographs and articles, plus analysis of case studies and homeland legislation. Finally, we note its importance in planning the use and occupation of urban land to be held by municipalities as an instrument of democratic management that will secure the balance of the urban order and well-being of its inhabitants