ABSTRACT
Objectives:
Investigated the rules for the flexibilization of urban norms that occurred in the Municipality of Rio de Janeiro - RJ to tolerate the “puxadinhos” (additions) and if this is, legitimate within the ratio juris of Urban Law, for the cases of those people who are already irregular to the date of the pandemic of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and for cases in which works can be built during this period.
Methodology:
It was developed with a qualitative approach that led to the elaboration of the propositional thesis regarding the legality of the rules for regularizing the “puxadinhos”. It was bibliographic and documentary, as it analyzed articles and books already published, collected data in journalistic articles and analyzed the legislation.
Results:
He formulated a propositional thesis in which he supports the feasibility of easing the rules in those cases where it is necessary because of Coronavirus Disease - 2019 (Covid-19) and to face Covid-19. The thesis proved to be supported by the general clauses of the legislation and by the specialized literature.
Contributions:
The flexibility hypotheses verified in this research will mainly benefit families that have an urgent need to guarantee minimum conditions of survival during the crisis. The application of the thesis allows the legality and regularity of additions (“puxadinhos”) to be made, without the subsequent application of a fine or obligation to demolish.
Keywords:
Urban parameters; Flexibility of rules; Administrative discretion; Puxadinhos; Covid-19