Brazilian legal actions address urban planning and property use

In Paraíba, Brazil, the Public Ministry has filed a civil public action against the municipality of Cabedelo and the construction company Massai regarding the Belvedere building. The legal challenge alleges the building exceeded height limits established by the 'Lei do Gabarito' by 93 centimeters and created an irregular area of over 76 square meters. The Public Ministry is seeking a preliminary injunction to prevent the city from issuing an occupancy permit (habite-se) and is requesting R$ 5 million in compensation for collective moral damages to be paid to the Paraíba Diffuse Rights Fund.

Separately, legal frameworks regarding the social function of property allow municipalities to address abandoned or underutilized urban land. Under the City Statute (Law 10.257/2001), owners of idle properties may face progressive property tax (IPTU) increases if they fail to comply with municipal master plans. This process involves formal notifications and specific deadlines for construction or land use; failure to comply can result in tax rates doubling annually up to a 15% ceiling for five consecutive years.