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THE ALPHAVILLE URBANISMO AND THE LEGAL ORDER OF THE HOMELAND: FROM ILLEGALITY TO APPARENT LEGALITY

ABSTRACT

The purpose of this article is to understand the Alphaville Urbanismo S.A company's mode of operation, in the light of the national regulatory system, seeking to verify their (i)legality. The interest of the research was based on the finding of possible social and environmental setbacks in the approval and execution of Alphaville's entreprises, when compared to Allotments traditional subdivisions (open Allotments) , governed by Federal Law 6.766/79, which are obliged to donate areas to the use of the general population. It was essential to compare the object of this article with the rules and principles of law, including the new institutes created by Federal Law n° 13.465/17. For this analysis a bibliographic survey of Brazilian’s doctrine and legislation was carried out in the end, the research proves that this model has chronologically departed from an illegality to an apparent legality, necessitating, also, legal interpretations and legislative changes (federal or municipal), to fit the democratic urban planning of cities. In view of this observation, the present article also sought to make contributions in order to suggest relevant issues that may be established as conditions and compensations, when the edition of municipal laws, which deal with the theme.

Keywords:
Alphaville; Allotments; Right; Urban planning

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