One of the main challenges after the tragedy in Rio Grande do Sul will be dealing with the removal of thousands of people who live in risk areas. But, while in the mountainous region of Rio de Janeiro and in the São Paulo city of São Sebastião there were many families living on irregular slopes, this is not the current case in many cities in Rio Grande do Sul, such as Porto Alegre (photo). Many properties in Rio Grande do Sul were in completely legal areas, such as the center of the capital.
To talk about this topic, Crusoe interviewed lawyer Victor Carvalho Pinto, legislative consultant to the Federal Senate in the area of urban development and partner at the law firm Apparecido e Carvalho Pinto Advogados.
There is a lot of talk about removing people from risk areas, but the flood from the Guaíba River reached a large part of the center of Porto Alegre. What could be done?
In this case, the alternative would be to envisage a more resilient occupation. Buildings could be designed to withstand this type of situation, with water barriers on the ground floor, for example. This is a more pragmatic issue that will have to be developed, and which is not much part of our culture. It would be something similar to seismic regulation, which exists in some countries. In Japan and Chile, tall buildings can only be constructed with structures that can withstand earthquakes. As cities have already been built, it would perhaps be worth carrying out renovations so that buildings become more resilient to extreme weather events.
Where would the money for these reforms come from?
One option would be to grant tax incentives so that owners and residents can carry out the necessary renovations.
Many houses were completely destroyed, how should reconstruction be carried out?
Before people can build their homes again, they need to follow new urban planning. Some cities and regions will not be able to return to the same location. In other places, reoccupation can only occur with more resilient technologies. There will be no single solution.
Will it be necessary to move residents who had their properties in regular locations, with titles duly registered at a notary’s office? How to convince them to go to other places?
Many people have their assets materialized in a regular piece of land, but this area may no longer be occupied. The approach in this case would have to be completely different. In Japan, there is a technique called “land readjustment“, in which the government offers to exchange an old property for a new one. It’s like a displacement of property. For the transfer of people with regular properties to start taking place in Brazil, new legislation would need to be created first. It is a practice that already takes place in several places around the world. People’s property rights, after all, need to be respected.
