Da reiserção de imóveis contaminados no mercado imobiliário

Abstract

The stock of contaminated areas in Brazil, especially in the State of São Paulo, the area of this study, is alarming, as the development model adopted since the post-war period has brought great harm in this regard. For decades, the existence of these areas was ignored and, in many cases, the inappropriate use of these spaces was encouraged by policies and the market. Indus-trial development based on the use of fossil waste has greatly contributed to the worsening of the situation. In the state of São Paulo, CETESB has played an important role in the identifi-cation and registration of such areas. Currently, with existing technologies, it is possible to face the contamination of these areas by remediation and their return to the market for the production of residential and commercial buildings. Specifically, this can be achieved by using mechanisms described by the environmental legislation, through join efforts to remediate and make these areas available to society. The Public Power is an important party in the process of contamination of these areas, whether by act or omission, therefore it has the duty to join forces with the owners of these properties in search for solutions for the elimination or reme-diation of existing contamination. Once it is understood that the solution is everyone's respon-sibility, and not only of those who hold the ownership of the contaminated areas, efforts can be made to find a definitive solution. The real estate market, lacking areas for the production of real estate units, may also become an important party in the solution of this problem, how-ever, it cannot alone bear the high costs of this process, which requires efforts from the current owners, of the Public Power and of the developers so that the high costs of eliminating or re-mediating contamination can be faced, aiming at solutions that will favour a sustainable de-velopment.