A responsabilidade do município pela omissão na invasão, ocupação e posse em áreas de mananciais: Billings e o município de São Bernardo do Campo - SP

Abstract

This work aims to analyze the responsibility that the municipality has in its omission in the face of invasion, occupation and possession in watershed areas. The housing deficit, added to the fact that property values in the most central regions of large cities have higher values, the population seeks alternatives to live with their family. In this step, they seek to establish themselves in the periphery and often, in areas of water sources, buying properties built improperly, without any registration or legal authorization to do so. Still, if they do not buy ready-made real estate, they simply invade and occupy these areas of water sources, which should be protected, and build their homes. The objective of this study was to analyze the omission of the Municipality in the inspection and attitudes to avoid the invasion, occupation and possession of the springs areas and responsibility with the people who have already occupied these areas and took possession, in view of the Municipality's omission. The methodology used was supported by bibliographic review and relevant legislation, in addition to jurisprudence. The research was qualitative and quantitative. The study site focused on the Billings Dam located in the city of São Bernardo do Campo in the State of São Paulo. The possession, invasion and occupation of the watershed areas brings social, economic and mainly environmental consequences, which will be analyzed in this work, especially the latter. There is specific legislation for the use of water source areas, which will be the object of this study and which, unfortunately, are not obeyed by the population and the municipality, omitted, becomes responsible for not overcoming those illegal situations. Although there are Public Policies regarding housing, health, environment and education, they are not enough to meet the population's needs. One of the possible solutions analyzed is Environmental Education, formal and informal, to raise public awareness, as well as the intensification of enforcement and effective enforcement of laws.