In a preliminary decision issued this Thursday, 19th, the São Paulo Court suspended the review of listing rules of the neighborhoods Gardensin the west zone of São Paulowhich allowed the construction of horizontal residential condominiums of up to approximately three floors in this region of the capital.
The change in preservation measures for the four neighborhoods – Jardins América, Europa, Paulista and Paulistano -, listed since 1986, was approved by the Council for the Defense of Historical, Archaeological, Artistic and Tourist Heritage (Condephaat), last Monday, 16.
São Paulo Court suspends review of the listing in Jardins that would relax rules and allow construction of residences of up to 10 meters in the region. Photo: Taba Benedicto/ Estadão
In addition to the decision to allow residences up to 10 meters high (about three floors) – until then restricted due to the current listing rules – Condephaat had also, with the review, overturned the “tipping of use”, so that the residential use of the four neighborhoods would be defined exclusively by the Zoning Law.
The president of Condephaat, Carlos Augusto Mattei Faggin, has argued that the review is not a “decommissioning” of the area. When contacted, the São Paulo government did not return the report's contact details until the publication of this text.
The injunction was signed by rapporteur judge Cynthia Thomé, from the 2nd Chamber of Public Law, and issued in the course of an action filed by the Movimento Defenda São Paulo.
In the decision, the judge understood that the process that culminated in the review of the listing was defined without the participation of civil society and without due transparency.
The listing, as Cinthya points out, would be an instrument of urban policy, which aims to preserve assets of historical, cultural, architectural, environmental value and also of emotional value for the population, preventing them from being destroyed or distorted.
The new resolution approved by the council last Monday would revoke all other current listing resolutions – 1986, 1988 and 2021 – that protect the Jardins neighborhoods.
Among the changes made by Condephaat, which favor the creation of small condominiums – and allows the real estate market to come closer, are the changes in the rules for merging land.
This measure establishes that plots of land be joined as long as they are up to the size of the largest lot on that block, except in “exceptional” cases, in which there is construction that is very non-standard. Today, “remembrance” is allowed as long as it respects the average size of the others on the court.
The discussion has divided opinions. Organizations such as Defenda São Paulo, Ame Jardins and Viva Pacaembu have already expressed their opposition to the review of the listing. Furthermore, a petition gathered more than 6 thousand signatures also opposing Condephaat's decision.
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