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Proposal Generates Controversy Among Experts, Who Warn About Possible Violation of the Social Function of Property and Impacts on the Community
The São Paulo City Hall is proposing the sale of a narrow street in the Jardins for R$ 16 million to enable a luxury condominium, according to UOL. This proposal, which arises through the draft law 673/2025 submitted by Mayor Ricardo Nunes (MDB) to the City Council, has sparked controversy. Experts criticize the initiative and point out legal risks regarding the legality of selling public streets.
What Is Being Discussed?
The Travessa Engenheiro Antônio de Souza Barros Júnior is a small street of 647 m² located in one of São Paulo’s most upscale areas, between Rua Pamplona and Alameda Lorena. The draft law transforms this public street into a sellable property, removing its classification as public use and allowing its sale as a private asset. Have you ever stopped to think about what this means for the local community?
The City Hall’s proposal claims that the sale serves the public interest, as the street was deemed to have no impact on urban mobility, since it does not connect to other streets. However, this justification is challenged by experts, who warn about the importance of public spaces in urbanization and community life.
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The Mayor’s Justification
In a statement, the municipal administration defended that the sale of the street was proposed after a legal opinion from the Attorney General’s Office and technical analyses. The City Hall argues that the direct transfer of property is permitted, as it will only serve adjacent properties, according to Summary No. 12.141 – PGM-AJC. However, this position is met with skepticism by many experts.
The decision to transform a public street into a private space may raise questions about the social function of property, which should benefit the community rather than just private interests. What do you think about using public space for private purposes in such valuable areas?
Implications of the Sale for the Community
The sale of the street could result in the construction of a high-end condominium, which would reinforce real estate speculation in the region and could displace lower-income residents. This situation is concerning, especially in a context where urban inequality is already a significant problem. For many, the privatization of streets and public spaces represents a threat to social cohesion and the right to the city.
Social Function of Property
The Brazilian Federal Constitution, in Article 5, XXIII, establishes that “property shall fulfill its social function.” This means that the use of properties should benefit not only the owners but all of society. The alienation of a public street, without proper justification and community participation, could contravene this fundamental principle. Do you feel comfortable with the idea that a street can be sold without the community’s consultation?
Legal Perspectives and Resistance
Although the proposal to sell a public street may seem strange, experts state that the legislation allows this operation in specific cases. However, it is necessary to respect the social function of the space and ensure that there are technical studies and community participation. Often, the sale of streets is challenged in court, as demonstrated by a precedent from the TJ-SP that annulled a similar law in Mooca due to lack of public participation.
The straightforward sale of a street is legally complicated. Valter Caldana, coordinator of the Public Policy Laboratory (LPP) at FAU-USP, states that the Civil Code (Article 99) complicates the alienation of common-use goods. This means that the sale of active streets would require a change to the master plan, a process that can be complex and time-consuming.
Social Exclusion in Privileged Areas
The proposal to sell the street also raises issues about social exclusion in an already segregated neighborhood. The presence of luxury retail and high-end properties can displace, even symbolically, lower-income residents. The creation of a <strong=gated community in this area not only exacerbates real estate speculation but also limits the public’s access to essential public spaces.
Fragility of Public Power
The privatization of streets reveals the fragility of public authority in defending collective interests. Caldana criticizes the loosening of principles that should ensure the equitable use of urban space. He notes that, at this moment, the public authority has acted as if thinking in private terms, prioritizing economic interests over social well-being.
Possibility of Sale Annulling
The sale of the street may be annulled due to illegality in the process. Residents, the Public Ministry, or organizations may question the operation in court for deviations in purpose, lack of public interest, or legislative failures, such as the absence of technical studies or public hearings. The lack of public participation in the process is an aspect that deserves attention, as the City Statute requires debates and consultations for urban changes.
Recurring Practices That Aggravate Urban Problems
The privatization of public spaces is not a novelty in Brazil. Like the sale of the street, other privatizations, such as the concession of roads and the closure of streets, have been common. If the sale of streets becomes a recurring practice, this could create even greater problems for society. Have you ever worried about the impact that the privatization of public spaces can have on your city?
The Importance of Popular Participation
The fundamental principle of the City Statute is popular participation in the formulation of urban legislation. Community involvement in decisions that affect urban space is crucial to ensure that the needs and interests of everyone are considered. Measures such as the sale of streets can deepen urban inequalities, making it harder to access the city and its resources.
Final Reflection
The proposal to sell the Travessa Engenheiro Antônio de Souza Barros Júnior is a topic that opens space for debates about the social function of property and the importance of citizen participation in urban decisions. The privatization of public streets can have lasting consequences for communities, reinforcing exclusion and inequality.
Do you believe that the community should have a voice in issues involving public spaces? Share your opinion in the comments and participate in this important discussion!
É muita bobagem e pêlo em casca de ovo para discutir… O texto fala mal até das concessoes de estradas, quando na verdade essas vias, quando sao concedidas, melhoram horrores na sua manutencao, com ganhos para todos os usuarios, ja que o poder público é incompetente por natureza.
Quanto à insignificante travessa (que nem saída tem), ela interessa somente aos proprietarios das residencias localizadas na mesma. Ou seja, se todos venderem suas propriedades e um Condominio for construido no espaço que ela hoje ocupa, o espaço vai continuar atendendo apenas aos moradores do terreno. Nao ha problema nenhum,, exceto para quem os inventa.