Urban Underground Arguments Legal Framework for Control of the use of Underground Urban Space.

Abstract

This article focuses on the urban law. Its main objective is the reflection on the legal framework for the use of urban underground space, in order to establish guidelines for municipal planning that takes into account the limits and potential of underground public space of cities. The methodological procedure used was the indirect documentary research, consultation with the legislative primary sources and eventually court documents, as well as secondary sources, through bibliographical research. In the survey, international practices were identified and the existence of management practices of the underground public space in some Brazilian cities (São Paulo, Rio de Janeiro, Belo Horizonte and Porto Alegre). The research allowed pointing potentialities and limitations in municipal management that can contribute to indication of an underground master plan in order to discipline the occupation mode and conduct of those interested in exploring this legal right, making thus enforce legal standards to proper use of available legal remedies.