As licenças edilícias no direito administrativo brasileiro: peculiaridades, procedimentos e perspectivas

Abstract

The objective of this monograph is to study the main aspects of the building permits, demarcating its contours (legal definition, regime and procedures), and highlighting its characteristics and peculiarities, in contrast to the elements of administrative acts in general. In a second part, the new perspectives in the matter are also drawn. The relevance of the theme is enhanced when considering the current Brazilian urban scenario, which houses the majority of the population, in increasingly larger and more complex cities. The present work starts from the main doctrinal references of the subject, contrasting with the current legislation and recent works on the theme. Through the inductive approach, and without intending to develop a case study, the legislation of São Paulo City is raised as a reference, accompanied by other building codes, to identify the current perspectives of the subject, always focusing on praxis and Administrative Law. As a study result, the building permit is understood as an administrative act issued by the Administrative Police, with a declaratory, concrete, and bounded essence, always linked to de thing (intuito rei). Without disregarding its “dealing nature”, it is noted the need to recognize certain degrees of enforceability and imperativeness as attributes of this act. As perspectives, the normative changes aiming at speeding up the building permit process and the need to improve control, transparency and legal security are mentioned