The political-economic interests in the application of the social function of property in São Paulo

Abstract

Despite being foreseen in the Federal Constitution of 1988, the application of instruments for the attainment of the social function of urban property - Compulsory Subdivision, Building or Utilization of Land (CSBU), progressive Property and Land Tax over time and Expropriation with Payment in Securities - is a rare policy in most Brazilian cities. This is due, in part, to the historical articulation of more conservative local groups to obstruct any attempt to apply such legal instruments at the municipal level. However, combating urban real estate idleness may also be of interest to sectors connected to the market, as it reduces speculative retention and stimulates competitive relations. Thus, what can define the purpose of these instruments are the intentions of the political environment in which the legislation is matured and applied. This research project proposes to investigate the political and economic motivations that resulted in the laws that regulate and apply the instruments to control the social function of property in the Municipality of São Paulo, based on the hypothesis that they were only possible because of an unusual complaisance by parliamentary actors linked to the real estate market. During the study, the theoretical and historical reconstruction of this foundation in Brazil and São Paulo is analyzed, in order to identify the actors involved and compose an overview of the forces and ideologies that enabled its approval. (AU)