Environmental inequalities in Brazilian Federal District eastern
Transcription
Environmental inequalities in Brazilian Federal District eastern
Environmental inequalities in Brazilian Federal District eastern urban fringe By 1 Clarissa F. Sampaio Freitas and Lucia Cony Faria Cidade2 Prepared for presentation at the 2009 ISA-RC21 Sao Paulo Conference Inequality, Inclusion and the Sense of Belonging August 23-25, 2009, Sao Paulo, Brazil 1 Faculty of Departamento de Arquitetura e Urbanismo, Universidade Federal do Ceará. clarissafs@yahoo.com 2 Faculty of Programa de Pós-Graduação em Geografia – GEA/IH; Centro de Desenvolvimento Sustentável – CDS; e Núcleo de Estudos Urbanos e Regionais – NEUR/CEAM. cony@unb.br 1 Introduction For many decades uneven development has been an object of intensive debate, much of which elicited the growing role of the dominant accumulation process as a producer of inequality. As privileged places for the generation of wealth, cities tend to parallel the tendency of the system to breed unevenness. In large urban centers across the world, albeit at varying levels, the appropriation of the natural and of the built environment tends to follow similar directions. While the large disparities in Brazilian cities are widely known, the modern, planned capital, Brasilia, has nurtured an image of the Pilot Plan and nearby areas as a space of high environmental quality and a relative social homogeneity. The existence of satellite towns and distant popular settlements, however, challenge this idealized picture. Not only social differentials are wide, but also the access to equipment and services, not to mention housing standards, is highly disparate. Within this scenario, a selective territorial planning, largely based on environmental restrictions, seems to contribute for the widening of inequality. In tune, this paper aims to briefly analyze the role of planning regulations in the reproduction of inequality in the Brazilian Federal District, with a specific interest in the São Bartolomeu river basin. A brief review of similar processes elsewhere places the analysis in perspective. In cities in developed countries, the term environmental inequalities suggests that urban amenities - such as parks, and specialized urban services - and disamenities - such brownfields, and waste disposal facilities - are not evenly distributed. Based on a study of North American cities, Hurley´s work has become the benchmark of the literature on the subject. The author identifies a pattern where low income and black neighborhoods are more affected by environmentally-related disasters than the average of the city they are located. The research findings support the existence of a “clear pattern that exposes the way class and race have conditioned the relationship between urban population and the environment” (HURLEY, 1997, p. 243). In third world cities, the term environmental inequalities indicates not only the uneven spatial allocation of amenities and disamenities, but also differential levels of exposure to environmental hazards - such as floods and landslides. A significant distinction between urban areas in rich and poor countries is that, while in the former urban services are reasonably distributed throughout the city, in the later access to basic urban services is not guaranteed for all residents. In a book chapter dealing with the ecology of slums, Davis argues that in third world cities, as opposed to cities in developed countries, it is unlikely to see slums, which frequently have no potable water or toilet, protected by expensive public works projects or covered by insurances (DAVIS, 2006). In the same direction, Evans and 2 his collaborators suggest that the unregulated land market of third world cities plays an important role in excluding the socially vulnerable groups, which end up with no alternative other than illegally occupy unsuitable sites (EVANS, 2002). The work of Evans is particularly interested in civil society movements and their role in counterbalancing this exclusionary mode of producing the city, which has environmental degradation as a by-product. In the Brazilian scenario, Torres (1997) has introduced the concept of environmental inequalities in a study about vulnerable areas in São Paulo. He identified a significant coexistence of low-income residents at the riverbanks in the eastern portion of the city. The concentration of low-income groups in these sensitive areas makes them subject to periodic floods. These, in turn, compound their social vulnerability, which is related to their ability to cope with natural hazards or socioeconomic threats. Since Torres´ work, other Brazilian researchers have come to similar conclusions about other Brazilian metropolises (DECHAMPS, 2008). Nonetheless, while Brazilian researchers on this field consistently identify the phenomenon of environmental inequalities and their negative effects upon vulnerable groups, they tend to overlook the social processes that create such unevenness. Theoretically, the spatial coexistence between favelas and sensitive ecosystems has been explained by an uncontrolled capitalist mode of producing the city, which leaves no room for affordable neighborhoods in suitable well-located areas (MARICATO, 2004). In a clear convergence with Maricato´s assertion for the Brazilian reality, Hurley states that the entire environmental history of Saint Louis can be read “in terms of the relative success of certain groups in controlling nature often at the expense of their neighbors” (1997, p. 242).This argument is also close to Smith´s assertion that the relevant question is not whether we, as human beings, are able to control nature, but it is more important to understand how we produce nature and who controls this process (SMITH, 2008, p.89). It seems that there is a common ground between both national and international contexts: the political-economic logic that allows powerful groups to control the urbanization process and the city´s relation to nature. Despite the distinct levels of magnitude that the environmental inequality phenomenon takes in different contexts, the socio-economic forces behind the processes that produce it have some similarities. It is possible to control nature to benefit certain groups at the expense of others in a number of ways. In urbanized areas, the allocation of urban infrastructure is certainly a way that usually guarantees a peaceful relation with ecosystems. Illegal subdivisions, however, have more difficulties in accessing urban infrastructure than legal ones, thus becoming more prone to natural hazards. Furthermore, through establishing city limits, defining land uses and the urban typology of legal settlements, planning policies are able to reserve the best areas for 3 certain groups at expense of others. In planned cities, such as Brasilia, this process of reproducing environmental inequalities through planning policies seem to be very clear. Brasilia, the Brazilian capital city, was founded in 1960 under modern principles which represented the essence of Lucio Costa’s famous blueprint, the Pilot Plan. With most of its land owned by the State and totally embedded within the Paranoá Lake basin, the Pilot Plan has been protected by successive territorial plans. Planning regulations were reinforced by the establishment of the area as part of the world’s Historical Heritage by UNESCO in 1987. Occupation - mainly by government buildings and high income residential superblocks enmeshed with green spaces and local commerce - has been rigorously kept at controlled levels of density. From the beginning, the originally designed area was deemed insufficient to house both the programmed neighborhoods for government workers and the swarms of unexpected new dwellers, construction workers who decided to remain in the new promising capital city they built. These were soon relocated to satellite towns, precarious settlements conveniently located in areas relatively far from the modern Pilot Plan. The main criteria for allocating these new towns was the protection of the quality of the water in Paranoá Lake, thus the new towns were located outside the limits of Paranoá basin. From the end of the 1980s onward, illegal settlements have emerged at the periphery of the satellite towns, in areas with high level of sensitiveness. New towns were also created in sensitive sites, which point to a selective process of environmental protection within the Federal District Territory, one that tend to picture the central area as the most sensitive spaces. This suggests that the historical restriction to occupation of the central areas seems in fact to have become a strategy to reserve expensive land for future developments of high income apartment buildings. The development of new neighborhoods within the Paranoá basin, such as the Sudoeste and the soon to be established Noroeste, are vivid examples. At the same time, the historical choice to exclude low income groups from the best serviced areas within the São Bartolomeu river basin, suggests that the government is at least adopting a double standard of environment protection. In the framework of a planned capital city where the State is an important agent in the urbanization of a territory with distinct levels of environmental fragility, this paper is particularly interested in the role that land use regulations have played in reproducing the process of environmental inequalities within the São Bartolomeu River basin. The research questions to what extent planning regulations were able to reproduce the process of urban exclusion, illegality and environmental degradation at the Environmentally Protected Area of São Bartolomeu River Basin. 4 In order to answer such question, the paper has the following structure: The next section introduces the theoretical perspective used by the analysis, based on the production of space literature. Section 02 investigates the urban dynamics resulting from the different agents in the urban development process of the São Bartolomeu APA. Section 03 explores the role of planning regulations and zoning ordinances, in regards to the process of urban development of the studied area. Section 04 investigates the local pattern of environmental inequalities, meaning the contrast between low-income occupation of sensitive areas and abundance of vacant but unaffordable plots in suitable sites. 1.0 The production of space and urban inequality A theoretical perspective that has consistently been used to understand the social processes that produced urban inequalities in both national and international context is the literature on the production of space. Dwelling on Léfèbvre and its views on the relation between space and social processes, authors such as Gottdiener, Smith and, in Brazil, Villaça use the Marxist notion of production – conferring value to the products through human labor – to explain intra-urban differentials (GOTTDIENER, 1997; SMITH, 2008; VILLAÇA, 1998). Unlike other types of produced goods, urban land is, for the most part, produced not by individual capital, but by State action. In addition, the State´s responsibility for the provision of urban infrastructure and services puts their distribution and accessibility at the center of the urban question. The land market is far from being a “perfect market” that leads to optimum prices of goods. Each plot of land is highly distinct from the others, especially in its physical relation to different parts of the city. This is the reason why, within the city, the location of each urban plot determines, to a great extent, its price. By providing urban services, particularly roads and transportation network, the State is able to alter the pre-existing land prices and thus the pattern of inequality. The fact that land prices are determined by investments made by public agencies ends up enabling land speculation, in a process of private appropriation of the product of collective labor. Thus, if public investments – financed by taxes paid by all urban residents - benefit a few urban properties, their owners may be considered as having speculative gains3. The production of space framework leads to a perception that urban inequalities are not a mere reflex of the unequal social structure of society; space is also an active agent capable of altering the existing patterns of social inequality. 3 With the approval of the Statute of the City in 2001,Brazilian urban legislation devised some legal instruments to allow municipal planning policies to fight land speculation but so far it have had limited results. 5 For some authors, the spatial allocation of urban infrastructure within the city by governmental agencies tends to favor mainly the productive sectors. This could explain how State action tends to further preexisting social and spatial inequalities (SMITH, 1996). Other authors emphasize that this tendency is not unchallenged (GOTTDIENER, 1997). An alliance between State and the productive sectors, particularly real estate agents, is necessary in order for this unevenness to occur. In some instances, this alliance came to be known as pro-growth coalition4. Even though Gottdienner recognizes that State interventions on the urban pattern of differentiation tend to favor well-off groups, he states that this alliance cannot be taken for granted because neither State, neither capitalist groups are monolithic blocks. That is why the pattern of inequalities is contingent upon the correlation of political forces of each specific case. In relation to the political aspect, the rising acceptance of environmental protection as an important objective for planning policies has been able to change urban politics worldwide (WHILE; GIBBS; JONAS 2004; TOPALOV, 1997). The social effects of such changes, however, remain unclear. Whether the environmental perspective contributes to foster the pre-existing pattern of socio-spatial inequalities, or helps to fight the unevenness trend remains to be seen. In the case of the Federal District´s eastern urban fringe, studied in the next section, it seems that the logic of capital accumulation in the urbanization process has not been challenged by the rise of environmentalism. On the contrary, the environmental rhetoric has been used to support measures capable of nurturing the production of environmental inequalities. 2.0 Urban dynamics in the São Bartolomeu River Watershed Environmental Protection Area (APA) Since the years before the construction of the new capital, which was initiated in 1955, the Brazilian government initiated a process of land expropriation in the Federal District. This was of particular interest in areas comprising the designed part of Brasilia, known as the Pilot Plan. But, differently from other areas located close to the Pilot Plan, a great part of its eastern fringe has not been expropriated. This portion coincides with the São Bartolomeu River´s Watershed. 4 This term was popularized by the work of Logan and Molotoch (1987) 6 Illustration 01 – São Bartolomeu APA in the Federal District urban context. Source: DISTRITO FEDERAL, CODEPLAN, 2005. Adapted by authors. São Bartolomeu is the largest river within the Federal District. Since the first planning documents in the 1970s, it was identified as the most appropriate source of potable water for the growing urban population of the Federal District. Because of a dam construction project which intended to use the river´s water, the initial Federal District urban plans have not allowed the city to expand in the eastern direction. In order to guarantee good quality of water at the dam it was necessary to control the urbanization on its watershed. In 1983, the legal instrument chosen to perform this function was a new type of Conservation Unit (UC) called APA (Área de Proteção Ambiental) (BRAZIL, 1983). This instrument was chosen because the APA did not require expropriation of land, unlike the other Conservation Units existing in Brazil at that time (BRAZIL, 1988). Despite the legal restrictions to urbanization, the area has witnessed a rapid population growth. From 1988 to 2000, it presented an annual population growth rate of 18%, which is about 9 times the rate for the average of Federal District in the same period. This rapid population growth represents an urban sprawling tendency also detected in other Brazilian metropolises. It is comprised by an urban periphery of low income settlements with limited access to urban services and fast growth rates. But this periphery is not homogeneously precarious. Generally there is one sector of the city that attends the demand for high income neighborhoods with large plot sizes and proximity to natural amenities (VILLAÇA, 1998). At 7 the Federal District, the São Bartolomeu APA has presented both sprawling tend tendencies, one from the medium and high income sectors, and the other from low-income low income residents. Illustration 02: Urban context of the APA in 1983. Source DISTRITO FEDERAL, CODEPLAN, 2005. 2005 Adapted by authors (The he road network correspond to 2005). At the time me of the creation of the APA, in 1983, 1983 there were no significant urban settlements within the APA limits. However the tendency to occupy the area with urban uses had already been detected. The first studies about the APA´s territory had identified 28 illegal subdivisions, and two small communities: communities the Vale do Amanhecer (5000 inhabitants) in the northeast portion of the APA, and the São Sebastião village (about 1,500 inhabitants) in the southwest portion (BRAZIL,, 1988). 8 By the same time (early eighties) there were three legal settlements at the APA´s outer borders: the cities of Planaltina and Sobradinho and the Lago Sul neighborhood. The later is probably the highest income neighborhood of the Federal District. It was designed by Lúcio Costa with big plot sizes, dead-end streets, and large green spaces. The city of Planaltina dates from the XIX century, but it became a peripheral city with the construction of the Pilot Plan of Brasília. The large distance to the central area turned the city into a dormitory settlement that houses those that could not afford better locations within the metropolitan context of the Federal District. Planaltina has witnessed high pressures of illegal expansion due to low prices of the housing options available at the informal real estate market. The city of Sobradinho is located midway from the Pilot Plan and Planaltina. It was one of the first three cities built by the Brazilian Federal Government to house the local working class far from the Pilot Plan5. It has average quality of urban services and middle-income population. Other important surrounding settlement was the village of Paranoá. It was an illegal settlement by the time of the creation of the APA. The invasion was located very close to the APA´s western boundary. The expansion of these surrounding neighborhoods toward the APA was not as natural, or as unavoidable as public discourse tends to picture. What is commonly conceived as a chaotic process can be explained by some key public investments in the area, such as road network expansion and the creation of new cities within or very close to the APA. In some sense, one can argue that the apparently disordered urbanization process of the APA was put forward with the acquiescence of local State. Indeed, even though the illegal settlements were built by private agents, the public investments put forward in the area played a key role in channeling the city in that direction. In this respect, the best example is the 3rd bridge over the Paranoá Lake. The operation of the Juscelino Kubitschek Bridge started in 2003 and constitutes an important new urban development vector in the eastern direction. But long before the construction of the bridge other investments were responsible to foster urban development of the area. The expansion of the infrastructure network toward the APA was required by the construction of two new satellite towns, Paranoá and São Sebastião. The former was built in 1989, in an area that touches the APA´s western boundary, to house the illegal settlers of the Paranoá invasion. The later, São Sebastião, was built in 1991, in an area located at the heart of the south west portion of the APA. It was initially meant to house 5 This policy of creating settlements in peripheral sites, distant to the Pilot Plan, to house the working class adopted the name of satellite towns. Today this term carries a stigma of bad quality areas, with problems of violence and degradation due to lack of economic activities and bad quality urban services. But the peripheral towns have distinct degree of such problems, and the first ones like Sobradinho, tend to have better services than those more recently created, like São Sebastião. 9 part of the 7,620 inhabitants living at a risky area at the riverbank of two tributaries of São Bartolomeu River. The place would be inundated if the dam planned by the 1988 ordinance had been constructed. The city was initially projected for 35,000 inhabitants but current estimations are around 70,000 in 2009 (FREITAS; GOMES 2009). In these 21 years since the creation of the APA, we can see a clear disjunction between the advertised public intentions of limiting the urbanization of this territory and the real pattern of public investments in the area. To worsen the situation, the rising legitimacy of regularization policies at the national (and international) context allowed Local State administrations to signal that all illegal settlers already installed, irrespective of their income level, had the right to regularization. Through a series of regularization bills, local administrations had successively extended the deadline to define who had the right to legalize their property (BATTELLA, 2003). Although the urbanization of the area seems not to make sense if looked through the lenses of the public interest, at least two relevant agents of the process of producing the city took clear advantages of it. The first group is comprised by the owners of illegal subdivisions, and the first buyers of the illegal plots, who have had speculative gains with the transformation of the rural land in urban neighborhoods thanks to the expansion or the infrastructure network. Among these property owners we can include the local government´s real estate agency (TERRACAP), whose land had increased values due to expansion of urban networks and services to the satellite towns created by the government to house low-income population. The second group of agents who profited from this apparently chaotic urbanization process is comprised by public officials, who had political gains by regularizing some of these settlements in the name of the “right to the city”. However, the regularization policies implemented by the local State include a considerable amount of empty plots, for the most part located in high and middle income subdivisions. This make public policies benefit high and middle income population that live in illegal settlements not by necessity but by choice. Many of these houses are located in plots larger than 500 square meters, and can cost as much as five hundred thousand Reais (about 250,000 U$)6. It is thus necessary to identify two types of urban dynamics: one from the low income population, with high-density and explosive growth paces, concentrated at the periphery of the satellite cities of Paranoá, Planaltina, and São Sebastião. The other from the high and middle income strata, concentrated at the periphery of Lago Sul, particularly at the Taboca basin, extending northward. It has high indexes of vacancy although it consumes much land 6 This information www.wimoveis.com was taken from several housing advertisements such as: 10 because of its plot sizes and low density and also due to the disconnection between the subdivisions (Table 01). Illustration 03 – Informal subdivisions by income level at the APA Source: SITURB e DISTRITO FEDERAL, SEDUH, SUPAR, 2006 Table 01 – Informal subdivisions at the São Bartolomeu River watershed APA, 2006 Subdivisions 7 Low-income Medium and 8 income high # of plots already occupied 38.367 # of plots previewed by subdivisions 41.337 9.848 22.626 Vacant plots 2.758 Percentage of vacant plots 7% Total population in 2006 160.440 10.460 46% 41.113 Source: SITURB e DISTRITO FEDERAL, SEDUH, SUPAR, 2006 7 Low-income subdivisions: 0 a 5 minimum wages 8 Medium and high income subdivisions: more than 5 minimum wages 11 Illustration 04 – Segregation pattern and population distribution at the APA Source: DISTRITO FEDERAL, CODEPLAN, 2005 and BRAZIL, IBGE 2000. The next section contrasts the urban dynamic described here with State´s regulatory measures taken in this twenty six years period since the creation of the APA. 3.0 Regulations: successively redefining the legal limits of the city After the creation of the APA in 1983, the São Bartolomeu area has passed through three key episodes of defining the possibility of urban uses within its polygon: one in 1988, the second in 1996 and the third in March 2009. Illustration 05 puts these main regulatory measures within the timeline of urban development of the area. It describes some key public investments in blue, some indicators of population growth in green, and the State´s regulatory measures in red. 12 1983 - Creation of APA 1984 – 90 illegal subdivisions mapped by local governmentt 1988 – 20 000 inhabitants 1988 – First Environmental Zoning Ordinance 1989 – Creation of Paranoá “Satellite City” 1991 – Creation of São Sebastião “Satellite City” 1994 – 105 illegal subdivisions mapped by local government 1996 - Second Environmental Zoning Ordinance 1997 – Approval of Urban Master Plan PDOT 1997 2000 – 158.036 inhabitants 2003 – JK Bridge 2004 – Invasion of Itapoã 2006 – 146 Informal settlements mapped by local government 2009 – Approval of current Master Plan Illustration 05: Timeline of urban development in the São Bartolomeu APA Source: FREITAS 2009 In 1988, based in a study of the natural features of the APA territory, and based on the project of building a big dam at the altitude 865m of São Bartolomeu River, the first environmental zoning ordinance of the APA decided that no new urban use would be allowed in the area. This ordinance has had virtually no effect in changing the local urban dynamics. At that time the APA was managed by Federal Government´s environmental agencies, what made the agreement of Local Government unnecessary. Actually, the local government in the Federal District was created at that same year of 1988. Before that, all decisions concerning the Federal District´s territorial planning was responsibility of the Federal Government. Besides, at that time, environmental and urban policies had no connections in the sense known today. The fact that shortly after this regulation, the local government built two new cities to house low income populations within or very close to the APA reveals this disconnection between urban and environmental policies, and also between local and federal policies. 13 Illustration 06 – Second environmental zoning of the APA ( In red the area designated for urban uses) Source: DISTRITO FEDERAL, CODEPLAN, 2005 and DISTRITO FEDERAL,1996 (Adapted by the 9 authors). In 1996 the first environmental zoning ordinance was reviewed. An ordinance that is commonly known as re-zoning was approved, designating around 5% of the APA´s territory for urban uses. The polygon where urban uses were allowed was decided based on a second option of using the river´s water, since the first option of construction of a big dam turned out to be unfeasible in the urban scenario of 1996. The second option comprises the 9 The bill creates other zones that were not included in this map in order to facilitate the reading of the map. 14 construction of two smaller dams: a first barrage at the same point of the 1988 big dam, but in a lower level, and the second at the confluence of São Bartolomeu River with Paranoá River. This second option would inundate a far smaller territory, allowing the urbanization to occur at sites with higher altitudes. The first urban zoning of the APA did not include all illegal settlements existing in 1996. The ordinance suggested that those settlements not included within the urban area had to be deconstituted, a measure that was never taken. The urban area is located mainly at the areas with higher altitudes adjacent to the western boundary of the APA. This site corresponds to the area with higher real estate values due to greater proximity to the Pilot Plan and the Lago Sul. The ordinance also includes two discontinuous smaller portions and allocates them to urban uses, one close to the recently-created city of São Sebastião and the other at the periphery of the city of Planaltina. These last two portions are the spaces where low income residents might have fewer difficulties to occupy because of their distant location in the intraurban context and consequently low-prices. The 1997 Federal District´s Master Plan incorporated this urban polygon within the APA as a “controlled-use urbanization zone”. According to the 1997 master plan, this zone is “designed predominantly for residential purposes, characterized by low-density occupation, in which the expansion of urban use shall not be encouraged, mainly for reasons of environmental restrictions.” (DISTRITO FEDERAL, 1997) The urban plan adopted uncritically the lowdensity urban typology suggested by the environmental ordinance, not considering that the density suggested (60 inhabitants per hectare) is fairly unaffordable for low income groups, which correspond the majority of the housing deficit in the Federal District. This is particularly true if the land has a good location and thus higher prices, as in the case of the area close to Lago Sul. As the continued illegal process of urban developed ensued, the 1996 plans of constructing the two dams were also abandoned. In 2009 a new Master Plan was approved in the Federal District. Local government political propaganda frequently described this plan as an instrument that would allow the regularization of the illegal subdivisions. This advertisement supports the argument that the illegal development process brings political gains for public officials. In fact, the 1996 local administration also used the same kind of propaganda. 15 Illustration 07 2009 Master Plan zoning for the APA Source: DISTRITO FEDERAL, CODEPLAN, 2005 and DISTRITO FEDERAL, 2009. The 2009 plan enlarged the urban polygon within the APA´s territory by 500%. Currently the area where urban uses are allowed corresponds to as much as 25% of the APA´s polygon. This expansion of the urban boundary toward the river is unjustifiable if one considers that a great part of the urban zone defined in 1997 was not occupied yet. This is particularly true at the most expensive sites, which have had rapid valorization in the 12-year period since 1997. Contrasting to this scenario of vacant plots on the best located sites, the two discontinuous portions of the urban zone close to the satellite towns of Planaltina and São Sebastião presented astonishing levels of population growth. A third area close to the satellite town of 16 Paranoá, also presented a high level of population growth, due to a big invasion known as Itapoã, established in 2004. In 2006 estimates, this area has about 50,000, mainly low income, residents. In all these tree fast growing areas most of the subdivisions have densities far greater than the legally allowed. The 2009 Master Plan classifies the urban area in two different zoning categories: the “controlled-use urbanization zone – II10 (ZUUC-II)” and the “urban contention zone11 (ZCU)”. As in 1997, the environmental restrictions are the only reason for limiting the density of the urban settlements. The “controlled-use urbanization zone – II” adopts various limits to urban density, but the undeveloped sites of this zone have maximum densities that range from 50 to 150 inhabitants per hectare. The “urban contention zone” adopts a maximum density of 15 inhabitants per hectare and a minimum plot size of 800 hundred square meters. This new Master Plan seems to make the same mistake as the old one: to adopt restrictive measures that are unaffordable for a great part of urban residents. The plan makes no effort to making sure that the spaces provided with infrastructure are accessible to the current housing demand. By doing that, it pushes the low-income groups to illegal settlements with no infrastructure. To worsen the situation, the illegal subdivisions that are affordable to low income groups tend to occur not only in distant and left-over spaces, but also in environmental sensitive ecosystems. The next section will develop this topic. 4.0 Environmental inequalities Even though the construction of the planned dam was not put forward, the APA was never questioned. One main reason for the civil society greater acceptance of the restrictions imposed by the environmental regulation is the fact that the use of the river´s water remains as a possibility. The other reason is that part of the APAs territory in fact constitutes a site with a high level of environmental sensitiveness, and thus with a high ecological value. The rise of environmentalism is in great part responsible to the political legitimacy of protecting the APA territory. As we saw, the planning measures adopted - expansion of the infrastructure network and of low-density developments - has proven to be inadequate for the public interest for its socially regressive effects. The uneven urban development, supported by the previously described 10 11 Zona de Uso Controlado II Zona de Contenção Urbana 17 planning measures, has not only had negative social effects but also negative environmental effects. Low densities as the main mechanism for protecting the environment has proven to be extremely flawed because it contributed to induce high-density, low-income, illegal settlements at remaining areas, which tend to be located at environmentally sensitive sites. Based on the work of Anjos (2008), Barreto, (2008), Ribas (1988), and SEMATEC; IEMA; ENGEVIX; IBAMA (1996), Freitas (2009) identified three degrees of environmental sensitivity within the APA territory. According to the data collected, there is a plateau in the most accessible areas capable of absorbing urban development without environmental despoliation. In illustration 07 the orange spots correspond to these sites with lower levels of sensitiveness. They were classified as land systems 01 and 02 by the official environmental survey of the APA (IEMA, ENGEVIX, IBAMA, 1994). It is thus a most appropriate area for urban development according to the natural features criteria. The yellow spots have an intermediary level of environmental fragility corresponding to land system 03. These areas are less suitable than the first type particularly in relation to the risks of floods due to its physiographic features (frequency of steep slopes and proximity to rivers). It is also less suitable in socioeconomic aspects because it is located farther from the central area of Brasilia, thus requiring a greater extension of infrastructure networks. The gray spots are the areas least suitable for urban development. It has steep slopes, inadequate soil types, high percentage of flood plains, and shallow aquifers among other things. It corresponds to the land system 04 and 05. As we overlaid the 2000 census data on this environmental assessment, we can detect a concentration of population on the yellow spots, which are not the best sites to occupy. In contrast, the orange area that corresponds to the best-located and best-suitable sites remains with a high index of vacancy in 2000. That might be a result of pure speculative retention of the best areas by its owners. But, allied with the rising prices of this land, the lowdensity requirement of the urban regulations helped to reproduce this scenario of urban exclusion, land speculation and environmental degradation. We can thus affirm that within the APA territory the phenomenon of environmental inequalities takes the form of the contrast between the abundance of vacant plots at the best located and more suitable orange spots and the low-income illegal developments at sites with higher degree of environmental sensitiveness, the yellow spots. 18 Illustration 08 – Levels of environmental sensitiveness at the APA Source: Lei Complementar 17 de 1997; IBGE 2000 and SITURB. One of the sites that concentrate high density and low income illegal settlements in less suitable sites is the periphery of the town of São Sebastião. As the planned central area of São Sebastião has become unaffordable for some groups, the periphery started to be occupied by illegal settlements. These tend to occupy sites with dangerous proximity to the rivers (such as Bairro João Cândido and Morro da Cruz in illustration 09), and/or proximity to steep slopes (such as Vila do Boa and Quadra 12 do Morro Azul in illustration 09). Some of these spaces are also environmentally unsuitable because they concentrate numerous spring waters. In these spaces, the socio-environmental problems are not only related to the lack of infrastructure, (ranging from basic water and sewer networks to storm water management and trash collection), but also with the occupation of unsuitable sites, spaces with the highest level of environmental sensitiveness, the gray areas at illustration 08. Contrasting with this problematic reality, we have some well-located and fairly suitable sites, perceived as fragile ecosystems thanks to real state publicity, and also thanks to state 19 regulations. Not by coincidence these sites concentrate middle and high income neighborhoods. Illustration 09: socio-environmental problems at the periphery of São Sebastião. Source: FREITAS 2009 It is important to mention that this paper does not question the restriction to urbanization in the name of the environmental protection. It does question, however, to what extent the environmental sensitivity really exists in order to justify the restrictive measures. In the case of the first urban zone created in 1997 the answer to this question is negative for the most part. The majority of the 1997 urban zone is located at the more suitable orange sites. In itself, the pattern of environmental fragility in the territory of the 1997 urban zone did not require restrictive measures. This is particularly true if we consider that, within the Federal District context, there are higher densities in legally developed towns - such as Riacho Fundo II and Taguatinga - located at ecosystems with similar features. The restrictive measures adopted at the urban zone of São Bartolomeu APA contributed to push the low income population to less suitable sites. It is difficult to assess the effects of the 2009 Master Plan because of its very recent date of approval. But as the strategy did not change it is fair to expect results similar to the 1997 Plan. Considering that the new plan pushed the urban boundary outward without certifying that the vacant plots in suitable sites are occupied by housing units affordable for the existing 20 levels of demand, the plan seems to have legalized a leapfrog development. And it did that using a kind of environmentalism that selectively protects some sites at the expense of others. The analysis suggests that the environmental rhetoric helped the urban boundary to grow without filling up all the empty spaces within the existing limits. Contrary to the other urban zones, the “urban contention zone” - that allows a maximum density of only 15 inhabitants per hectare - is in fact located in an environmentally sensitive site. One could argue that this restriction might be reasonable given the natural features of the area. But why was this zone put in this area rather than in the other more suitable sites that remain rural in the 2009 plan? What has this spatial allocation decision to do with the speculative gains of some private owners? Why enlarge 5 times the urban limit, in the first place, given that the pace of population growth in the Federal District - as in most Brazilian metropolises – is diminishing? 5.0 Conclusion The analysis leads us to perceive that the urban development dynamics of São Bartolomeu APA has not only resulted in social inequalities but it has also fostered environmental degradation. The regulations adopted have been able to reproduce this uneven dynamic. The particularly restrictive planning model that adopted high and expensive legal urbanization standards in areas with relatively low levels of environmental sensitiveness, contributed to a concentration of poverty and environmental risk at more sensitive areas in the periphery. The restrictive measures have made suitable land unaffordable for the majority of urban dwellers, who tend to occupy less suitable areas - such as riverbanks and steep slopes - nurturing a vicious cycle of environmental degradation and social exclusion. Maricato´s assertion that environmental disasters are due to the lack of opportunity in the legal real estate market is generally taken as a reality impossible to change (2001). However if researchers were able to link the urban environmental problem with the problem of inequality in terms of access to urban services, and urban space itself, they could contribute to fight this uneven logic of producing the city. The Statute of the City, a Brazilian Federal Bill approved in 2001, introduced some instruments capable of inducing an inclusionary planning model (BRAZIL 2001). However in 21 most Brazilian municipalities, it lacks political legitimacy to implement such instruments, particularly those that directly fight real estate speculative gains, which are obviously not at the best interest of some powerful sectors. The environmental movement, a powerful ally that could support such measures, sees the Statute of the City with some restrictions, since it has legitimated regularization of illegal occupation in fragile ecosystems. We believe the dilemma of putting regularization policies against the environmental protection goals is a false conflict since it is a particularly uneven urban development process that produces both the socio-spatial exclusion and the environmental degradation. At the root of both problems lie the inability - and the unwillingness - of the State to regulate the land market to favor socially vulnerable groups. 6.0 References: ANJOS, R. S.. Dinâmica Territorial: Cartografia - Monitoramento - Modelagem. 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