Cidadelas e muros: o lugar do direito na cidade

Abstract

The birth of cities led to the birth of writing and law, permanently changing humanity. The city established new goals and particularities that demanded and received legal treatment, with the aim of minimally ordering urban growth. With this, since the beginning of urban history, City and Law have gone hand in hand, interwoven to weave the destiny of humanity. What is questioned in this dissertation is the function of the city as a space for human development and to what extent, the Law can assist this purpose without dissociating from it. The method will be deductive and inductive, applying philosophy and bibliographic review. The result should result in the phenomenon of spatial segregation, both for citizens from the highest socioeconomic strata, and for citizens from the lower socioeconomic strata. In the end, it is demonstrated how the advancement of technology does not necessarily imply social progress. Faced with this scenario, several eras followed one another, when the city influenced the law and the law influenced the city, sometimes to the benefit of the community, now to the detriment of the majority. This dissertation intends, from an epistemological effort on the cultural and legal significance of the city, as a space for the reproduction of human life, to address the most controversial controversies on the subject, intending, at the end, to present possible ways of overcoming conflicts between the principles involved, such as property rights and their socio-environmental function.