Ufsc 2050 conference coelho willrobs paper

COELHO, Will Robson. (UFRJ/FAU-Prourb -2014)

Paper submitted to the International Conference on Urban Futures-Squaring Circles Europe, China and the World in 2050

UFSC 2050 Conference: 10 - 11 - October 2014, Lisbon, Portugal. 1

The Contribution Legal Frameworks Regulatory of the Social Participation

and Public Management in the: Urban Planning for Development of Cities

in the Future.

COELHO, Will Robson1; OLIVEIRA, Sônia Azevedo Le Cocq d´

2

1. FEDERAL UNIVERSITY OF RIO DE JANEIRO – UFRJ, COLLEGE OF ARCHITECTURE AND URBAN

PLANNING – Faculdade de Arquitetura e Urbanismo FAU, PROGRAM POST GRADUATE IN URBAN –

PROURB, Rio de Janeiro, BR.

2. FEDERAL UNIVERSITY OF RIO DE JANEIRO – UFRJ, Faculdade de Arquitetura e Urbanismo FAU –

PROURB, Rio de Janeiro, BR.

Abstract:

This paper discusses and seeks to understand the evolution of the Regulatory Legal Framework for Social

Participation and Public Management and its effects on City Planning, linking them with the legal instruments

created by the process of Urban Reform in Brazil, set after the "Brazilian Constitution of 1988" and some

other issues arising from this analysis.

The goals of this research are related to the formation of Urban 'Habitat', characterizing the inclusion of Urban

Programs in the Planning and the Future Urban growth of Cities from the perspective of Social Participation and

Public Management. This is also the objective of this thesis which aims to develop critical thinking and

analyze the proposals of planning and growth of Brazilian Cities to identify methods to support the decision-

making and social-participation in planning and government management of Urban Policies and Projects. Along

this line, to suggest models geared to democratic practice and set strategies to reach agreements in democratic

debates on citizen participation at planning and management levels in the government agencies in charge of the

Urban Planning of Cities.

This aims to contribute to the critical analysis of Urban Programs aimed to interfere with the Urban Planning of

Cities and their Future Development. It is these objectives that the thoughts are built together, which require a

discussion of works and authors, scholars and experts on issues of social participation, linking the quote with the

data researched of programs and policies, drawing a brief overview to show how significant they are. It also

discusses the origin of the debates about Social Participation in Brazil. Moreover, it contextualizes this

discussion, linking the current debate on citizen participation in city planning after the street manifestation that

exploded in Brazil in June 2013.

In summary, it discusses and analyses issues from concepts and practices of social participation and public

management, described and outlined after the "Brazilian Constitution of 1988." It focuses in questioning the

effectiveness of social participation in the implementation of Brazilian Urban Programs, especially the actions

and programs under the Legal Framework Regulatory built and consolidated after the creation of the Ministry of

Cities; analysing the cases of the ‘Council of Cities’; the ‘Conference of Cities’ and ‘Plans’ / ‘Urban Programs’

in Brazil, seeking to understand them from this question: - “Do the types of Social Participation practiced so far

are desired for best practice for the Future Development of Cities and their residents?”

Keywords: 1. Social Participation; 2.Public Management; 3. Urban Planning; 4. Urban Programs; 5. Citizen

Participation.




1. Introduction – The Citizen Participation and Public Management in Urban Planning;

This paper proposes an analysis and systematization of texts / articles that discuss Management Processes and

the Participation of Society that serve as a basic reference for literature review of the theoretical framework /

methodology of the thesis proposed by this author in PROURB-FAU (UFRJ).

Discussing Experiences of Citizen Participation and Public Management in Urban Planning are targeting in the

proposed doctoral thesis presented to develop critical thinking and point out possible solutions on the growth and

planning of Brazilian Cities with the prospect of setting up instrument or method to support the development or

review and decision-making and Participation in Planning and Management Processes of Urban Policies and

Programs, and Housing.

The interest in the area and the possibility of developing a thesis arises after the academic research experience

and professional activities in acting jobs and consultancies undertaken in the last decade by the main author of

this study since the development of the research for the dissertation master's degree1. These professional

experiences, there was contact with Social Participation mechanisms, which emerged ideas and criticisms raised

the desire to build a debate on the issue. So work articulates the experience, building a doctoral thesis that bastes

some of the experiences and the role of urbanization and urban planner in building and managing cities.

As a direct or indirect subsidy for the preparation of this work, the bibliography of readings and studies, chosen

for the analysis and evaluation, with thematic emphasis on thesis proposal, thus identifying possibilities and

convergences in research related to the concepts of governance and will be used to participatory management,

where they raised issues of Social Participation and citizenship and possible interventions related to Urban

Planning and city life. So this will be an analysis, aiming to structure and complement the literature review

required to execute the first part of the thesis, but still superficially, opens up some possibilities for discussion in

the construction of the theoretical-methodological framework adopted at the end.

1.1 The problem: Participatory Processes in Urban Planning;

Despite its unquestionable importance, the problem of urban planning and / or the formation of 'Habitat' in

Brazilian Cities have serious problems in their development, they are the result of processes of production of

urban spaces according to a strictly commercial perspective of the City, in economic, political patronage and

respects both the private sector as produced by the public administration. Examples of this commoditised

planning of cities are currently verified by investment news and articles for the Mega and Big Events coming up

in Brazil, such as the FIFA World Cup that take place in 2014 (FIFA), and that will take place in 2016 Olympics

Games in Rio de Janeiro City.

In analysing the urbanist Ermínia MARICATO, published on the magazine's website ‘Carta Maior’, in March

2013, has stated: "(...) recent articulation built for heavy construction contractors (who are incorporating real

estate activity among their business) with real estate companies is a force that has no opponents to match.

Mega-events - World Cup Soccer, Olympics and Technological Exhibition, (...) leverage the power of this

voracious machine that also combines the capital from outside these opportunities.(...)” (MARICATO, 2013).

So mega-events also explain other symbolic and iconic architectural musings-urban projects to be built in cities,

proposed by politicians and technicians: responsible for the current management of some cities.

These proposals inadequate planning have perverse reflecting the riots in Brazilian Cities in the recent period,

June and July 2013, were motivated and thickened along with the issues that exploded from the problems of

urban mobility, which initially generated the demonstrations and protests not clearly linked structures established

formal representation, no parties or without affiliation to political ideologies, but calling for reforms, many of

1 COELHO, Will Robson (2002); The Deficit of Houses - Instrument for Assessment and Application of Housing

Programs. São Carlos, 2002. 190 p. - Thesis (Master) - School of Engineering of São Carlos - University of São Paulo, Area:

Technology of the Built Environment. Leader: PhD. Nabil G. Bonduki. São Carlos, 2002).




which relate to life in the cities. The article will not delve into the issue, but only to emphasize that the protesters

were seeking "the right to the city and urban reforms" for services and fair public policies.

Another field of study for the thesis is to understand the evolution of planning processes and training of the

Urban 'Habitat' that are related to the legal instruments of Urban Planning, created by the process of Urban

Reform, resulting in a historical process of Participation Fight Civil Society. Some of these instruments have

been inserted since the constitution of 1988, then approved and regulated in the City Statute, Law Nº 10,157 on

July 10, 2001. Among them the ASSI - Areas of Special Social Interest - and other legal instruments, created by

the process of Urban Reform that can help mitigate problems if applied properly. These legal instruments are:

‘Floor Increase’ and ‘Progressive Property Taxes’ (Property Tax of Urban Land), which could generate income

for a Fund for Urban / Housing Development; the Networked Urban Operations or when involved in their

negotiations projects that benefit or privilege relations of Urban 'Habitat'; and finally the Councils, which are

listed when installed, regulated and properly representative as a channel or a discussion forum for the popular

democratic participation.

The general objectives of this study are related to Urban Programs and / or the formation of Urban 'Habitat', their

insertions in the Urban Planning of Cities, under the gaze of the analysis of Social Participation and Public

Management. Develop critical reflection and interpret the actions where participatory management effectiveness

obtained on the growth and planning of Brazilian Cities with the prospect of creating instrument or method to

support the Development and Review; of the Decision-making Processes; and Participatory Management in

Urban Planning.

1.2 The purpose of this research study: critical analysis of the Brazilian Federal Urban Programs post-1988

constitution;

This work has the following explaining the particularities, summarize and outline a brief overview of programs

with experiences of Social Participation; programs under the Framework Regulatory built and consolidated; and

contextualize the actions and programs undertaken after the creation of the ‘Ministry of Cities’; describing the

possible cases of future research as: the ‘Council of Cities’, the ‘Conferences of Cities’ and Plans / Urban

Programs, making a preliminary analysis of the quantitative data provided by the Brazilian Federal Government.

It also aims to contextualize the importance and relevance of the topic, articulating to open debate on the issue of

citizen participation in Federal post-1988 Constitution Approach.

2. Methodology - Analysis of Selected Texts / Concepts and Quantitative / Descriptive Data;

The methodology of this study will be structured based on the analyses of selected works, contextualizing their

authors; identifying theoretical origin of the basics; comparing the theoretical and methodological positions. The

epistemological analysis aims to identify: paradigms and their affiliations; real object; scientific object;

participative management theory and method, based on the theories and practices of urbanism. Used as a direct

or indirect subsidy to elaborate the text, bibliographies studied in the disciplines of doctoral program, which

opened some possibilities for discussion of the issues and make a "cross" of ideas, proposing a discussion of

various works and authors, through the relationship their citations to the data surveyed, antagonistic cases,

contradictory positions, or similarities that may establish agreements or regulatory elements.

The analysis aimed to identify some examples and criticism, seeking to identify, investigate and focus the points

that address Participation and Management. Quantitative data were made available by the ‘Ministry of Cities’;

on the production: the ‘Council of Cities’, the ‘Conference of Cities’, the Plans and Urban Programs; and the

Framework Regulatory of Social Participation.




3. Context and Background / Results Urban Programs / Discussion of Concepts of Social

Participation Analysis;

3.1 Origins of the Brazilian Urban Planning and production of the 'Habitat' Urban.2

In the late nineteenth century, both in Rio de Janeiro and São Paulo, the problem of production of Urban

'Habitat', yet was present in discussions about ‘Urban Reforms Sanitarians’, as authorities tended only away

from the city centre degrading "picture" of the tenements, without worrying about the relocation of the

population displaced by the interventions. Also the incentives and legislation offered by the Government to the

production of worker housing, the plants did not obtain the desired acceptance and became expressionless.

However, for workers, homelessness and bad housing conditions of the tenements is constituted by a factor of

revolt and urged them to strive for a better place in town.

The major Brazilian Cities likes São Paulo and Rio de Janeiro and other Cities also turned up in the early

twentieth century in a huge laboratory, and polls indicated the urgency of formulas to eliminate the harmful

causes of industrial development. Beside the doctors and hygienists, highlights the role of engineers - architects,

particularly by a group formed by the Polytechnic School which, from the early 20th century begin to support

urban proposals for the City of São Paulo, founded the Institute of Engineering hold meetings, lectures and

meetings, gaining new adherents to ‘Modern Urbanism’ and throughout Brazil and this is responsible for

realizing the First Congress on Housing, in 1931, in São Paulo. Therefore, since this time, solve the problem of

housing meant one way to achieve a "Political Project" of urbanization and growth control of the Industrial City,

and thus provided different solutions to problems encountered in the Urban Environment.

Thus arises the way to see the city as a whole, the organization of urban space is concerned with political and

social issues, such as transport, housing, education and training of workers' quarters; born during the 20 years in

Brazil, though its advocates were only able to put into practice the urban projects from 1930. In a synthesis and

classification of periods, MARICATO (1997)3, says about the Urban Planning in the Period of the "Thirty

Glorious": ..."The modernist planning, which owes its roots to the Enlightenment, specificities gained during the

years of the 'Welfare State', called by some authors the "glorious thirty" (1945/1975) (VELTZ, 1992, 1996;

MATTOS, 1997) "... And yet, MARICATO (1997) conclusions from the analysis by VILLAÇA4 the essay that

bears the title" a Contribution to the history of Urban Planning in Brazil", takes stock of what has been, among

us, the modernist planning in Brazil: characterizing as "Plan-Speech" and the same author develops his story: ...

"Between 1875 and 1906, the Brazilian elite had enough to discuss openly hegemonic conditions plans urban

works to be implemented. These plans referred especially to the improvement and beautification of cities. "... ..."

It's exactly in 1930 that begin a period of inconsistency and uselessness of most elaborate plans in Brazil."...

..."When social concern arises in the text, the plan is no longer fulfilled. He becomes the plan-speech."... (P.

119).

MARICATO (1997) still talking about planning after 30 years of the twentieth century, further states: ... "To

escape the prestige of plans not implemented, the names varied: Plan, Integrated Planning, Urban Basic Plan,

Municipal Development Plan, among others. Technocratic plans dominated the entire duration of SERPHAU5,

2 Information collected and quotes two texts: "Decentralization and Rationalization of Public Communications on

Popular Habitat", presented at the National Seminar on Policies Environmental Sanitation - Thematic Session: Housing,

Sanitation and Environmental Issues in Production Processes and Management of Cities; - And "The Reformation and

Plans: A brief review", presented at Cycle Debates UFF: Local and Regional Interventions and Socio-Spatial Consequences

- Table 1 - Urban Reform, Master Plans and their Splits; both as an author has Adauto Lucio CARDOSO - Prof. Dr. IPPUR /

UFRJ. Were also observing Articles Published Polis n º 29 d, Instruments Urbane Against Social Exclusion -. Raquel

Rolnik.

3 MARICATO, Erminia; Article - Brazil 2000: What is Urban Planning? - Notebooks IPPUR / UFRJ / Institute for

Research and Urban and Regional Planning, Federal University of Rio de Janeiro. - Year XI, Nos 1 and 2 (Jan-Dec 1997) Rio

de Janeiro: UFRJ / IPPUR, 1997. 4 VILLAÇA, Flávio; A contribution to the history of: urban planning in Brazil. FAU-USP, 1995 Mimeo .

5 The SERFHAU was created in 1967 and thereafter begins to develop a policy of incentives to municipalities to draw up

plans for integrated local development. Among the basic objectives figured administrative modernization of municipalities,




nationally body that would coordinate the preparation of Integrated Local Development Plans, during the

military dictatorship from 1966 until 1974, when it was extinguished."

3.2 Planning in the Previous Period and Post Constitution Federal 1988 - New Instruments of City

Planning.

In Brazil a specific time of city planning process is the constitutional period in the 80s. As already pointed out by

several Brazilian authors, the making of the Federal Constitution established an important milestone in the

democratization process of the country, either by their results, either by involvement social movements or

associations in their preparation. During this process there has been a clash of currents, groups, institutions and

ideas, embodying the large arrays of Brazilian political culture in its different aspects. According MARICATO

(1997), the basis of the discussion of the proposed Urban Reform, was launched at the Congress of the IAB -

Institute of Architects of Brazil, already in 1963, in Petrópolis, after going through a debate repressed during the

Military Dictatorship.

An analysis of the situation proceeding the Brazilian constitutional period from 1988 is in CARDOSO (1997)6.

Who reports as follows: ... "After almost twenty years of institutionalization of planning practices and urban

policy in Brazil, the 80 gives rise to a sharp reversal in the established situation at the time. The elements that

characterize this change are linked to a global climate crisis - economic crisis, political crisis, the state crisis.

We live in a political crisis, marked on the one hand, the emergence of new political and social subjects that

force the floodgates of democratization. All the recent social process pointed toward new social phenomena,

new subjects, new political culture. Identify themselves in the new social movements fundamental agents of

social change, an analysis that closely follows the European headquarters - Mainly from authors such as

CASTELLS and LOJKINE ..." So CARDOSO (1997) describes the onset of movements where citizen

participation begins appears as a battle flag, and provides references to build the theme: ... "The novelty of these

movements comes from the fact that they are popular, alternative, autonomous and spontaneous, thus breaking

with the dirigiste or populism that hitherto characterized the political action among the popular classes; The

emergence of social movements would imply, then, in the production of new fields of political action, new ways

of doing politics, and especially of new political actors.”…

Specifically on the participation and management, and drafting of the constitution, yet the same contextualizes

the following: ... "In the late 70s and early 80s, popular participation becomes the panacea for restoring social

effectiveness the action of the government. In the field of planning and urban policy, as we shall see, will then

emphasized the idea of participation and management, rather than the definition of plans and national and

global policies. (P. 82) "... ..." The Constitution already innovates by extending the rights and guarantees to

corporate bodies and not just to individuals, as the previous "... ..."With regard to participatory democracy,

advances are numerous. The Constitution enshrines the participation as constitutive of the notion of popular

sovereignty, it could be said that the country is then established the principle of Mixed Democracy -

Representative and Participatory. As the main instruments, is established the legislative initiative, the

referendum and the referendum, which are applicable in all spheres of government. At the federal level,

however, the legislative initiative is restricted to ordinary legislation."... (P.91)

It is important to remember that political forces linked to the popular camp organized since 1985 to influence

the Constitutional Process. Mainly through the action of non-governmental organizations and the Catholic

Church, the Plenary Popular Participation Pro-were created in the Assembly, with local, regional and national

levels. After the promulgation of the Federal Constitution, in various States of Public Participation Forums were

created in the preparation of State Constitutions, to ensure or enhance the achievements earned. Unlike the

Organic Laws, the new constitution established the preparation of Master Plans as the prerogative of the

Executive Branch. In this case, one should also take into account the tradition of Local Urban Planning,

mainly through the creation of local planning agencies. 6 CARDOSO, Adauto Lucio; Article - Urban Reform and Master Plans: review of recent experience. - Notebooks IPPUR

/ UFRJ / Institute for Research and Urban and Regional Planning, Federal University of Rio de Janeiro. - Year XI, Nos 1 and

2 (Jan-Dec 1997) Rio de Janeiro: UFRJ / IPPUR, 1997.




established in Large Cities, and that developed at least since the 70s, throughout the national territory, by the

influence of the Federal Office of Housing and Urbanism (SERFHAU).

One can thus think that the process of preparing master plans will find the backdrop of a technical culture of

planning already deployed in many Urban Centers. On the proposals and Participatory Urban Planning arisen

within the constituent process CARDOSO (1997) describes: ... "The proposal of the National Movement for

Urban Reform, as already exposed, focused mainly in terms of the definition of a new sphere of rights - urban

rights - directly linked to the role of the state in ensuring social reproduction and defences of a new conception

of democracy, based on Popular Participation in City Management "... ..." After an assessment of the gains and.

loss of their proposals, the MNRU established as the action strategy to fight in the field of State Constitutions,

the Municipal Organic Laws, Master Plans, and also the regulation of the chapter on urban policy through a

Federal Law of Urban Development. "... (P. 93).

Following the "model" of Master Plan of Urban Reform, the process of drawing up plans in most counties

opened to the Participation of Civil Society, seeking the establishment of "territorial pacts". Teams of

municipalities, often backed by advisers or consultants, prepare preliminary proposals were then submitted to the

"Sieve of Participation". Put the other hand there was a difficulty in this popular participation because the

discussions were often treated in overly technical terms, due to the presence during the preparation of technical

and academic, in this advisory bodies, professional associations, or in research universities that will take upon

itself the defence of flags popular field, participating as key actors. To meet the standards relating to the social

function of property, Organic Laws and Master Plans established several legal instruments, these coming from

the Federal Constitution, were aimed primarily an extension of public control over land use, allowing an increase

in efficiency of government action, and ensuring proper disposal of investments in infrastructure and services.

Still talking about the crisis of planning in the 2000s, MARICATO (1997) makes some other important

considerations, highlighting the following: ... "The risk of incorporation of new fads, reified concepts such as

world cities, global cities, towns strategic, planning idem, districts, networks, poles and we, among others, is

very large. The techniques are also present: the strategic plans (American, Catalan, and German), the

"bargaining urbanism" (PORTAS, 1993), the return of the works plan that uses architecture as advertising

(Berlin) "..... … "The applicant detailed technical discussions on urban postures ignore this gap between law

and management and also ignore that law enforcement is an instrument of arbitrary power. It is common

knowledge that there are ‘laws that take’ and ‘laws that do not get’ in Brazil. Everything depends on the

circumstances and interests involved. Most often, or that part of the plan, is fulfilled or it is applied only to a

part of the city. Its application follows the logic of some restricted citizenship. "... (P. 123).

... "The crisis of Urban Planning and the search for a new theoretical framework is an important boost for a

committed intellectual production to democracy in Brazil, with respect to programs and instruments, not missing

the points of support, and here we will mention only a few, clearly successful. – ‘Participatory Budgeting’ (Porto

Alegre, Santo André) ... - Projects Minimum Income (Campinas, Brasilia); - The Special Areas of Social

Interest; - Advancement of Political Participation in Brazil, post 1988; ... In the 90s, witnessed the revival "of

traditional coalition that supported the conservative power in Brazil," ... (P.128) - MARICATO (1997).

Still analysing urban planning, urban legislation, instruments of social participation and forms of management,

MARICATO (1997) have made the following observations and raised some questions: … “What is meant by

partnership? What is meant by participation and self-management? What is meant by decentralization? What

are the issues on which the State cannot make concessions? What can be more flexible? Depending on what

goals?”… (P. 126). … “We may be practicing under an archaic urban postmodern discourse: - the works are

defined by mega-contractors that fund election campaigns; the laws apply only to a part of town; According to

HARVEY, the stable aesthetic of Fordist modernization was replaced by instability, ephemerality, the spectacle,




the commodification of culture. Win unprecedented importance to brand image. The investment in the brand gets

to have for the industry, as important as investment in machinery (HARVEY, 1992)7.”… (P. 126)

3.3 Urban, Programs and Actions Planning of the Brazilian Federal Government after the 2000s.

After the implementation of the ‘Ministry of Cities’ in 2003 and the proposition of new urban programs by the

Federal Government, has started a new cycle of planning, especially regarding the issue of Participatory

Municipal Master Plans, which required by Law, the ‘Statute of Cities’, imposed deadlines and sanctions, the

main one in the framework of the mayors administrative misconduct by not developing or revising their ten-year

plans. Due to these facts the new ‘Ministry of Cities’ also encouraged and promoted the National Campaign for

Participatory Master Plans along with the processes of ‘Cities Conference’ - that occurred in the three levels of

government: local, state and federal - intended to collectively discuss the guidelines and expectations of urban

growth of Cities. It appears however that in the subsequent period, in recent years, shifting from the initial goals

and objectives for the interests of specific political groups seeking exclusive and private economic and financial

benefits, or the rise of political positions with leadership role and decision. There is a crisis of social and

participatory representation, with co-opting movements, leading to deflation and low effectiveness of Social

Control Policies.

As a result of the initial guidelines set forth in the firsts ‘Conferences of Cities’, the SNHIS was created - The

National System for Social Housing - SNHIS was established by Federal Law Nº 11,124 of June 16, 2005,

having as main objective to implement policies and programs that promote access to decent housing for low-

income population. Furthermore, this System was created by law that centralizes all programs and projects for

Social Housing, and integrated by the following agencies and organizations: Advice, Organs and Institutions of

Public Administration directly and indirectly the States, Federal District and Municipalities related to urban and

housing issues, private entities that perform activities in housing and financial agents authorized by the National

Monetary Council.

The same Law Nº 11,124 also created the National Fund for Social Housing - FNHIS, which was regulated by

Federal Decree Nº 5,796, of June 6, 2006, which also establishes the Management Council of FNHIS. The Fund

focuses budgetary resources of programs Urbanization of Settlements ‘Under-Normal’ and Social Housing,

inserted in SNHIS. The Fund consists of funds from the General Budget of the Union, the Fund for Support to

Social Development - FAS. These features have application defined by the Act: acquisition, construction,

completion, improvement, reform, social renting and leasing of housing units, the production of developed land

for housing, land tenure and urban areas of interest social, or the implementation of sanitation, infrastructure and

complementary to social housing programs urban facilities.

Rivalling the proposals of previous periods and the creation of the ‘Ministry of Cities’ and the construction of

Political and Regulatory Frameworks cited SNHIS - FNHIS, was launched by the Brazilian Federal Government

in March 2009 a new Housing Program - MCMV - Minha Casa Minha Vida (My Home My Life) -, and the

discussion of its insertion in the Urban Planning of Cities, their guidelines and the expected impact was formally

established by law Nº 11.977, of July 7, 2009. The program reached in 2014 the level of employment of more

than 2.9 million housing units produced a substantial impact compared to a Housing Deficit estimated at about

6.5 million housing units in 2010. As for the process of democratic management, although the government to

submit proposals for participation in the MCMV program which may be included in the preparation of urban

design and architecture, it is much more likely that the actual project leaders are agents or financial institutions,

real interested and ultimately are benefited by the economies of scale that may be offered by the program. In

general as the MCMV program it is evident that there is no effective mechanisms of participation and

management of the program, which are much more in the initial intention, so maybe the Program has as a result

the flaws and problems identified.

7 HARVEY, David; The Post-Modern Condition. São Paulo: Loyola, 1992.




The creation of the ‘Council of Cities’ (ConCidades) in 2004, represented the realization of an important

instrument of democratic management of the National Urban Development Policy - UNDP. It is a collegial body

of deliberative and consultative nature of the integral structure of the ‘Ministry of Cities’ – ‘MinCidades’ - and

aims to study and propose guidelines for the formulation and implementation of UNDP, as well as monitor their

implementation. In its early years of implementation ‘ConCidades’ advanced in the construction of structural

landmarks of urban policy in the country, whether in planning, housing, sanitation, traffic and mobility area. In

more recent times, the ‘Council’ faces a stagnant state of formulation and management of policies and programs,

with empty because the policy combination that drives ‘MinCidades’ today. Since its inception the ‘Council’

approved 135 recommended guidelines for dealing with urban policy, most resolutions approved in the first three

administrations of elected councillors in the processes of the ‘National Conference of Cities’ - CNC.

Currently, ‘ConCidades’ consists of 86 holders - 49 representatives of civil society groups and 37 federal, state

and municipal governments - plus 86 alternates for a term of two years. The composition of ‘ConCidades’ also

includes 09 observers’ representatives of state governments, which possess ‘Council of Cities’, in their

respective unit of the Federation. The composition established by regulation to have representation ‘ConCidades’

eight sectors of organized civil society: 1 - Business; 2 - Entities Professional, Academic and Research; 3 - the

Popular Movement Organizations; 4 - ONG's - Non-Governmental Organizations; 5 - State Government; 6 -

Federal Government; 7 - Municipal Government; 8 - Workers' Organisations.

Finally, perhaps as a reflection of the demonstrations in the streets of Brazilian cities that occurred in July 2013,

the 5th CNC in November 2013, focused its discussions on Urban Reform and as a result has stimulated the

development and creation of the Federal Presidential Decree, Decree nº 8243/2014, of May 23, 2014,

establishing the National Policy for Social Participation (PNPS). The policy establishes objectives and guidelines

relating to the set of mechanisms designed to facilitate the sharing of decisions on programs and policies, such as

councils, conferences, ombudsmen, roundtables, public hearings, public hearings and virtual environments for

social participation. The PNPS was built through a participatory process with the draft Decree undergone virtual

public consultation on the website of the General Secretariat of the Presidency.

Comparative Table: Data from the National Conferences of Cities – CNC’s. – MinCidades. 8

CNC’s. 1ª - CNC 2ª - CNC 3ª - CNC 4ª - CNC 5ª - CNC

Dates

23 at

26/10/2003

30/11 at

03/12/2005 25 at 29/11/2007 19 at 23/06/2010 20 at 24/11/2013

Theme: "City for All" "Urban Reform:

City for All"

"Urban

Development with

Public

Participation and

Social Justice"

"City for All and

All with Democratic

Management,

Participatory and

Social Control"

"Who changes the

city is us"

Motto:

"Building a

Democratic

and Integrated

Policy for The

Cities"

"Building A

National Urban

Development

Policy"

"Advancing

Democratic

Management of

Cities"

"Progress,

Difficulties and

Challenges in

Implementing the

Policy Urban

Development

"Urban Reform

now!"

Municipalities

participating in

the total of

5,560

municipalities

in Brazil.

3,457 /5,560

Accession

62%

3,120 /5,560

Accession

56%

3,277 /5,560

Accession

58%

2,248 /5,560

Accession

41%

2,800 /5,560

Accession

50%

Delegates and

invited National

Stage

2,095 2,230 2,513 2,045 No information on

the 'site'

8 Dados informados em:

http://www.cidades.gov.br/index.php/conferencia-das-cidades.html (agosto, 2014)

http://www.cidades.gov.br/index.php/conferencia-das-cidades.html




CNC’s. 1ª - CNC 2ª - CNC 3ª - CNC 4ª - CNC 5ª - CNC

Number of

persons

estimated in

Steps Municipal

+ de 250,000 + de 200,000 243,207 No information on

the 'site' 240,000

History &

Principles,

Objectives and

discussed in

Text Based.

Citizenship

awakened -

topics

discussed and

proposed

guidelines -

sectoral and

national

policies for

urban

development.

- PNUD

Discussed the

formulations of

the National

Urban

Development

Policy - PNUD;

Participation

and Social

Control; The

Federal

Question;

Regional Urban

and

Metropolitan

Policy and

Financing

Urban

Development.

Strategies to

mobilize states

and municipalities

in the preparation

of background

papers to support

the discussions

and

systematization of

proposals coming

from the State

Conferences.

Validation and

formatting of the

Conferences.

Creation and

implementation of

city councils, plans,

funds and their

management

councils at all levels

of government;

- Application of the

Statute of the City,

the master plans and

the effectiveness of

the social function

of ownership of

urban land;

- Integration of

urban policy in the

territory;

- "Relationship

between

government

programs - such as

PAC and MCMV-

and the politics of

urban

development."

Strategies for

Building SNDU

perspective on

Promoting Reform

Urbana:

(i) policies to

encourage

deployment of

instruments

promoting social

function of

property;

(ii) participation and

social control in

SNDU;

(iii) Bottom

National Urban

Development

(FNDU) and;

(iv) policies and

instruments of

integration and

intersectoral

territorial.

Summary of

Resolutions and

results - in the

final document

approved in

CNC’s.

Approved

assignments;

established

the

composition

and election

of the Board

of Cities

(ConCidades);

Directed

sectoral

policies -

housing,

environmental

sanitation,

urban

mobility

planning and

management

of urban land

Highlighted the

importance

ConCidades and

construction of

UNDP, and the

need to define

guidelines for

the integration

of sectoral

policies in all

units of the

federation,

especially in

metropolitan

areas

Highlighted the

worsening socio-

spatial

segregation and

the lack of tools

for integrating

sectoral policies

and federal

entities. Points

review the model

of management

and production

cities with

construction of a

National System

of Urban

Development -

SNDU

Justify the

importance of

Conferences and

councils. Do

ConCidades

have decision-

making character.

Advances need to

be regulated,

implemented,

Integrate policies

and federal entities

to constitute a

PNDU, having the

goal of universal

coverage of urban

patterns.

Recognizes that the

few deliberative

powers of

ConCidades and the

absence of

clear rules for

assignments of

different levels of

government -

proposed law

regulating the

SNDU - proposes to

amend the

institutional status

of ConCidades,

from the 5th CNC

in order to make it a

participatory

instance with

deliberative powers

introduced under a

SNDU.

Laws and

Actions of

Urban Planning,

approved and

implemented

after CNCs.

(FNHIS), law

11,124 / 05

creates the

National

System of

Social

Housing;

National Fund

for Social

Housing

(FNHIS)

SNHIS –

FNHIS.

Law 11,124 /

2006, which

provides for

SNHIS, creates

the National

Housing Fund

Interest Social -

FNHIS and

establishing the

Management

Council FNHIS.

Law No. 11,445 /

2007 establishing

the National

Guidelines for

Sanitation

Basic;

- Law nº11.888 /

2008 - Assistance

public and free

technique for the

design and

construction of

Housing

Social Interest -

HIS.

Law 11,977 / 2009,

which establishes

the Minha Casa,

Minha Vida -

MCMV and the

regularization of

settlements located

in areas

urban;

Decree No.

8243/2014

establishing the

National Policy for

Social Participation

(PNPS) and sets the

National

Commitment for

Social Participation

(CNPS).




3.4 Concepts and Formulations identified for current debate and reflection that are relevant for Public

Management and Civil Society Participation;

According to Erik SWYNGEDOUW (2010)9 the social sewing space is through consensual management policies

and the evacuation of the political dimension (democratic) urban - which will then described as post-political

condition - constituting the definition of Degree Zero Policy. “The leitmotiv of this contribution will indeed be

the figure of a de-politicized Post-Political and Post-Democratic city. I shall argue that urban governance at the

beginning of the 21st century has shifted profoundly, giving rise to a new form of governmentality in the

Foucaultian sense of the word, one that is predicated upon new formal and informal institutional configurations

– forms of governance that are characterized by a broadening of the sphere of governing, while narrowing, if

not suspending, the space of the properly political.”

In other words, contrary to popular belief that these new forms of neoliberal urban management widen

participation and deepen "democracy", insists that this post-political condition, in fact, negates democracy,

evacuates good politics - or is, the cultivation of disagreement through material and symbolic spaces suitable for

construction dissensual make and finally, perverts and destroys the very foundation of a democratic polis public

meeting. This scheme sets out what RANCIÈRE, calls the scandal of democracy: while promises equality, it

produces an established oligarchic form of government in which political power perfectly merges with economic

power (RANCIÈRE, 2005b) and an arrangement that is consensually shapes the city of according to the dreams,

tastes and needs of transnational economic, political and cultural elites. Proper Urban Policy promotes dissent,

disagreement and creates triggers debate and experimentation in urban futures more egalitarian and inclusive,

a process that is done with all kinds of tensions and contradictions, but also opens up spaces of possibilities. "....

The same author suggests the conceptualization of this form of governance thus describing: (‘Governance-

beyond-the-State is constituted by presumably horizontally networked associations, and based on interactive

relations between independent and interdependent actors, that share a high degree of consensus and trust,

despite internal conflict and oppositional agendas, within selectively inclusive participatory institutional or

organizational settings. Whilst in pluralist democracy, the political entitlement of the citizen is articulated via

the twin condition of national‘ citizenship on the one hand, and the entitlement to egalitarian political

participation in a variety of ways (but, primarily via a form of (constitutionally or otherwise) codified

representational democracy) on the other, network based forms of urban governance do not have codified rules

and regulations that shape or define participation and identify the exact domains or arenas of power (Hajer,

2003). As Beck (Beck, 1999) argues, these practices are full of unauthorized actors.” (SWYNGEDOUW, 2010).

In other words, a depoliticized urban populism has become a key symptom of the post-democratic institutional

consensus. Populism invokes 'The City' and 'The People' (indivisible) as a whole in a material and discursive

form. The Urban Populism is also based on a policy of "people know say the best" (People's Voice - Although

the latter category remains often empty, unnamed), supported by an assumedly neutral scientific technocracy,

and maintain a direct relationship between people and political participation In contrast to the misconception

says: “That a true political space is always a space of contestation, in the name of equality, for those who have

no name or any place.” that says (DIKEN and LAUSTSEN 2004; P. 9) state: "the policy in this regard is the

ability to discuss, question and renew the foundation on which the political struggle unfolds, the ability to

radically criticize a certain order and fight for something new and better. In a nutshell, then, the policy needs to

accept conflict."

According to BOBBIO, Norberto (1995)10

by "Civil Society" means the sphere of social relations not regulated

by the state, understood narrowly and controversially almost always also as a set of devices that organized social

systems exert coercive power. It also features Representative Democracy and Direct Democracy, explaining

differences: under the generic name of direct democracy means all forms of participation in power, which cannot

9 SWYNGEDOUW, Erik; Post-Democratic Cities for: Whom and for What? - Regional Studies Association Annual

Conference Pecs, Budapest, 26 May 2010. 10

BOBBIO, Norberto; State, Government and Society: For a General Theory of Politics; 4th edition. Rio de Janeiro; Paz

e Terra; 1995.




be solved in one or another form of representation: a) the government of the people by means of delegated

invested with binding mandates and therefore revocable; b) the government of assembly, ie, not only without the

government representatives or irrevocable trust, but no delegates; c) the referendum. (pag.154 and 155)

In MALMESBURY, Thomas Hobbes; (1974)11

explaining about the sovereign representative assemblies and

says: representative shape is based on where government administration is delegated to several people, for

example ... “If a sovereign monarch or a sovereign assembly there fit to give order to the cities, or other parts of

its territory, to submit to him their deputies to inform him about the situation and needs of his subjects, or to

advise you in making good laws, or for any other reason, with one person representing each region and those

Members is set a place and time of meeting, they are in that place and during that time a political body

representing all subjects that domain” (P.81)

Describing concepts RAMOS & SANTOS, (2003)12

, claim that governance - is as understood combination of

social and political forces, aimed to reverse the effect of economic policies guided by the interests of big

capitalist groups - is the creation of new public spaces, and the democratization the State, through the

establishment of more direct with civil society. Through the establishment of mechanisms of direct democracy

associated with representative democracy, it can be said that is being created in some municipalities a "collective

will" in favour of reversing the direction of urban social policies. Poses the question of obtaining the conditions

of governance on: - How to change the correlation of forces in positions of power, to reverse the direction of

urban social policies? - How to create new public spaces that enable the construction of a "collective will" and

give rise governance conditions to reverse the framework of socio-spatial segregation of the country? (RAMOS

& SANTOS, 2003; P. 116 - 117).

Representative democracy is defended by a great majority of intellectuals and politicians, and even by some left-

leaning as the best political system. The challenge policy necessarily involves the task of building political

systems that integrate mechanisms of direct democracy in the scheme of representative democracy, aiming to

criticism and overcoming its limits. The text also identifies some questions about formulation, shape and

composition of the councils as: - What are the structural and conjunctures determinations boards are subjected? -

What are the limits and possibilities of the correlation of forces in the socio-institutional framework? - What are

the differences, contradictions and conflicts in decision making processes are of advice? (RAMOS & SANTOS,

2003; P. 116 - 117)

The variables to be lifted as the scale assessing the effectiveness of the action of the board should answer some

other questions: Local councils withdraw the restricted role of individuals represented, giving them real ability to

intervene in public policy, or otherwise these arrangements further reinforce the power of "local notables", thus

becoming instruments and populist social and political co-optation? It is considered important to investigate,

besides the achievements in the struggles, the degree of organization established alliances and engaged, as well

as conveyed in their proposals and their referrals conceptions social base. Also measure the degree of

effectiveness in reducing the "socio-spatial segregation" process. (P.150)

And still reviewing David HARVEY13

(2008) is highlighted in the reading interface in discussions with the

following quotes and excerpts; When "HARVEY" citing "LEFEBVRE" says: ... "The 'right to the city' cannot be

conceived as a simple right to visit or a return to traditional cities." Unlike" it can only be formulated as a

transformed and renewed right to urban life" The freedom of the city is thus much more than a right of access to

what already exists: the right to change the city more in line with the desire of our hearts ... When the city

11

MALMESBURY, Thomas Hobbes; Leviathan, or Matter, Form and Power of an: Ecclesiastical and Civil State;

Collection Thinkers, vol. XIV. São Paulo, Ed Cultural April, 1974 (CAP XXII - systems subject, political and private - The

different types of people systems, Pag 77-82, CAP XXV - Of Counsel - What is the advice. (P. 87-90). 12

RAMOS, Helena Maria Hauta & BARBOSA, Maria José de Souza; Urban social and political transformations, (Ch.

5 - Management of urban policies and mechanisms of direct democracy;. Chap 6 - Urban Policies and local socio-spatial

segregation advice); Book org.: RAMOS, Helena Maria Hauta & SANTOS, Cleoza; Rio de Janeiro, DP & A Publishing,

2003. 13

HARVEY, David; The Freedom of the City, ed. 2008 – São Paulo.




remake ourselves "... “The fight for the right to the city deserves to be accomplished ... the freedom of the city

still needs to be achieved"...

In relation to the formulations of MARX in "Capital", HARVEY (2008) highlights excerpts about equal rights

who decides where the strength is, and begs the question ... "So is this the city comes down right? Beg my

neighbour or be the target of his begging? "..." The right to the city cannot be conceived simply as an individual

right. It requires a collective effort and the formation of collectives around social solidarities political rights "...

Questions about a viable alternative to neoliberalism as market management issues and social participation and

says ..." The Governance government replaced; the rights and freedoms have priority over democracy; the law

and public-private partnerships, made without transparency, replaced the democratic institutions; anarchy of the

market and competitive entrepreneurship replaced deliberative capabilities based on social solidarity "... The text

concludes with: ..." The right to the city is not a gift. It has to be taken by the political movement...

The systematization and analysis of selected texts for this study point the discussion of Participation and

Management, especially on the concepts: the concept of Urban Governance; Citizenship; Civil Society;

Representative or Direct Participation; Participatory Management; Participatory Democracy and Governance.

Closely linking the concept to the administrative principles of a City under the aegis of Urban Planning in recent

decades is being questioned about his bankruptcy and effectiveness, living period of crises and questions in the

implementation of Urban Plans and Policies.

Points to a new way of working in administrative policy, there is a misrepresentation of the true spaces and

participatory and democratic channels for a concealed fraud that is disguised pretends to be the channel for

insertion of the views of "new urbanites", much as representatives of some specific, controlled and do replicate

an advertisement that can spread to other parts of the city, passing a false idea that everything goes well and that

is accepted by those who are interested sectors. That can make viable projects "city marketing" the neoliberal

project of building cities.

The discourse of "Civil Society Participation" was assimilated and incorporated, but adapted and camouflaged

continue to meet the exploratory process by speculators and quite lucrative and less redistributive in capital

cities. It is necessary to plan and sell new spaces in the cities, but that will be accessible by those who can afford

its use, either fixed or permanent in passing fluidity or only consumption.

New Channels of Participation need to be strengthened or redirected, or its members (social actors) need to be

told not to fall into the trap of methodologies that are imposed on them, and claim a true democratic role in the

decisions that must be yes and never agreed results forged consensus and seduced by the power manager. So, I

still insist that discussing, analysing and thinking about Participatory Methodologies of Planning Cities seems

very clear to me that the exercise of qualifying urbanist, expected by society, conforms to the expectations of the

qualification and production of these New Cities that could occur properly or awkward shapes which further

exacerbate Urban Problems.

4. Final remarks and recommendations of a study on the future of Cities and Urban

Planning in Brazil.

Bringing context to the current times and their reflections in street protests, bring the following are some

considerations to be analysed. And more specifically when MARICATO, Ermínia, in an article published in the

magazine ‘Carta Maior’ site, in March 2013, says about the participation of society and concerns and again

seemed to prophesy what has been happening lately: "(...) The capital the mayors and councillors’ also respond

to the correlation of forces and the voice that comes from the streets. This is obvious, but it seems not. We must

move from bewilderment to action. You need to understand what is happening and act every entity, every

movement and every person within the entities and movements (...)" (MARICATO, 2013)14

. As also argues

14

MARICATO, Ermínia; Cities in Brazil: out of amazement and move to action, Published: 11.03.2013 in:

http://www.cartamaior.com.br/templates/materiaMostrar.cfm?materia_id=21725&fb_action_ids=634601049883689&fb_ac

http://www.cartamaior.com.br/templates/materiaMostrar.cfm?materia_id=21725&fb_action_ids=634601049883689&fb_action_types=og.likes&fb_source=aggregation&fb_aggregation_id=288381481237582




ROLNIK, 2013, highlighting the following: "(...) we live in a historic moment. We are facing a unique

opportunity to begin to reverse the delay of our urban policy. (...) for the whole country and for the world, since

our claims relate strongly to what happened in other countries, such as Turkey and Spain, for example. ""(...) It

seemed very visible desire to participate. People want to be consulted, want their views are taken into account.

Representative democracy in Brazil is clearly experiencing a crisis. (...)" "(...) The councils, public

consultations, in general, were meaningless, and especially of decision-making power. Especially urban policy -

completely captured by these corporate interests, (...) obviously, this is not an exclusive matter of São Paulo.

Large demonstrations took over cities across the country - Rio de Janeiro, Belo Horizonte, Vitoria, Curitiba,

Porto Alegre etc. - Prove. Other guidelines present (...) were the defence of non-violence and the right to free

expression (...)" (ROLNIK, 2013) 15

In conclusion, the analyses here initiated the preparation of this work, point to some conceptual, theoretical and

methodological avenues to research in depth, identifying the contradictory and congruence’s to get closer to a

methodological proposal of forms of participation and management of urban planning build a "territorial pact"

based on tools or management tools, which so far seems to point to new forms of communication networks, new

technologies and electronic media, building a strategic management tool for Urban Policy and Projects for use

the spheres of government in its three levels Municipalities, State and Federal Government. I still hope to find

more positive aspects that can respond affirmatively clarify the question: "It's 'historic struggle' and the defence

of social participation in public management of Urban Planning in Brazil".

Manifestations of Streets in Brazil, occurred in June 2013, were authentic and spontaneous concerns and

injustices of the management and policies developed in the cities. Now should and want to have the right to

leave - on the street or not, raising issues and fighting for them. The best solution is political reform as well as

reform of urban management with effective social participation. Increases in urban transport tickets have been

revoked; returned to previous values, but there were no rulers understood that was not the only reason, it's much

more ... it's against all these wrong decisions, with too much spending and not priority works; theft and diversion

of funds; corruption and impunity; proposals of unjust laws; violence and police brutality; expropriation and

demolition works on behalf of the cities to attend the World Cup Soccer - FIFA - and the Olympics, and other

(architectural-urban) symbolic and iconic cities in daydreams proposed by politicians and "alienated"

technicians. It is to have "Right in the Cities" and LIVE them!

(7.968 words)

tion_types=og.likes&fb_source=aggregation&fb_aggregation_id=288381481237582. 15 ROLNIK, Raquel; For an agenda for urban mobility in our cities; Published on 06/21/13. Excerpted from: http://raquelrolnik.wordpress.com


http://raquelrolnik.wordpress.com/




Public Photo: (Facebook) - Avenida Presidente Vargas – Rio de Janeiro – 20/06/2013.

Public Photo: (Facebook) 17/06/2013 - Avenida Rio Branco – Rio de Janeiro.

Main Author:

Architect and Urban Planner by: FAU / UFRJ (1996); Master in Architecture Urbanism at the: University of São

Paulo - USP (2002); PhD Student (2013 - 2017) in: PROURB-FAU/UFRJ. Worked on: 1. Searches IPPUR /

UFRJ Group; 2. Municipality Nova Iguaçu - RJ in: in Social Housing and revision of the Master Plan; 3. In State

Government RJ, projects for Region Metropolitan 'Fluminense'; 4. As Urban Coordinator Company COBRAPE -

contract Municipality of Rio de Janeiro; 6. as University Professor - lessons architecture and urbanism in

UNIAN-University of Niteroi - RJ / Group-Kroton-Anhanguera.




References:

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Terra, 1995.

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presented at the National Seminar on Policies Environmental Sanitation - Thematic Session: Housing, Sanitation and

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review", presented at the UFF Debate Series: Local and Regional Interventions and their Consequences Partner - Space -

Table 1 - Urban Reform, Master Plans and their Splits; IPPUR / UFRJ.

CARDOSO, Adauto Lucio; Article - Urban Reform and Master Plans: review of recent experience. - Notebooks IPPUR /

UFRJ / Institute for Research and Urban and Regional Planning, Federal University of Rio de Janeiro. - Year XI, Nos 1 and 2

(Jan-Dec 1997) Rio de Janeiro: UFRJ / IPPUR, 1997.

CARDOSO, Adauto Lucio; COELHO, Will Robson. - Housing Policy in the municipalities of the Metropolitan Region

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different types of people systems, P.77-82, CAP XXV - Of Counsel - What is the advice. (P. 87-90).

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2014).

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http://www.cartamaior.com.br/templates/materiaMostrar.cfm?materia_id=21725&fb_action_ids=634601049883689&fb_acti

on_types=og.likes&fb_source=aggregation&fb_aggregation_id=288381481237582

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VILLAÇA, Flávio; A contribution to the history of: urban planning in Brazil. FAU-USP, 1995 Mimeo.



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