Does the implementation of special zones of social interest (ZEIS) encourages adequate housing in precarious settlement? The case of San Paolo

Abstract

With the establishment of the Constitution of 1988, a new approach to urban governance emerged in Brazil. The document brought significant changes regarding the right to the city and adequate housing, in particular, for the urban poor. The recognition of these rights triggered the experimentation with inclusionary policies around the country (Rolnik and Santoro, 2013). As a result, informal settlements started to be acknowledged as part of the formal city and were included in zoning and planning laws. One of the main outcomes of these experiments was the creation of Special Zones of Social Interest (ZEIS), a land and housing policy that linked investments on infrastructure in precarious settlements to land regularisation processes. In 2001, ZEIS was incorporated into the City Statute, a document that established a range of collective rights to guide land use and development. Since then, the instrument has gained popularity in the country as a land regularisation tool. Nevertheless, a considerable share of settlements remains poorly built and addressing informality is still a challenge. Therefore, this paper evaluated the co-relation between the implementation of ZEIS, land regularisation processes and provision of basic infrastructure in precarious settlements. More specifically, it measured the quality of State interventions supported by the zoning. By focusing on quality, this article aimed to evaluate whether ZEIS has encouraged adequate housing conditions for the urban poor or reinforced precarious patterns of development. To explore this relationship, a case study was conducted on the performance of ZEIS in Favela of Sapé, a settlement in the West of São Paulo. As a methodology, case studies have become a common option for performing evaluations and analyse what a program, practice or police has achieved (Yin, 2012). Moreover, this research strategy commonly relies on various sources of field-based information (Yin, 2012). Accordingly, this paper comprised mainly primary qualitative data. It also made broad use of content and secondary analysis, with the goal of ensuring validity and reliability. The performance of ZEIS in Sapé demonstrated that since its implementation, in 2001, tenure security and physical characteristics have enhanced considerably in the area, particularly, when it comes to housing quality and provision of basic infrastructure. Nevertheless, these accomplishments are being compromised by a strong process of reoccupation which is supported by illegal organisations. In addition, there is a delay of the Municipality in meeting the demands for housing in the area because of governance issues and mismanagement of financial resources. This scenario, combined with a weak inspection body, has once again permitted the development of precarious housing and infrastructure in the area. It also has compromised the issuance of freehold land titles to the settlement’s dwellers. In other words, the site is under a vicious circle where neither the provision of housing and infrastructure is enough to meet the demand nor the land regularisation is completed because of the reoccupations. In sum, although the implementation of ZEIS seems to have a share of responsibility in Sapé’s upgrading process, the local authorities do not have the capacity of reinforcement necessary to maintain these improvements. Furthermore, it is fair to assume that the current legal framework provided by ZEIS is not adequate for the context of São Paulo and requires further adjustments. Not only because of the complex character of the city, but also because in practice, urban norms may be interpreted differently according to political and cultural conditions (Rolnik, 1997).