The city and the law: Legislation, urban policy and territories in the city of Sao Paulo (1886-1936)
In the history of the cities, specially in the 20th century, a powerful web, unseen and silent is present: urban legality, that is, the collection of urban-related and building-related laws, decrees and rules regulating the production of the city's spaces. More than defining permitted or forbidden ways of apportioning space, more than actually regulating the city's development, urban laws act as demarcation signs defining frontiers of power. The law organizes, classifies and collects urban territories, conferring meanings and legitimacy to the way of life and family micro-policies of the groups most involved in the law's formulation. On the other hand, urban legality discriminates against forms of spatial and social organizations different from the pattern sanctioned by the law. Therefore, urban legality acts as a strong cultural paradigm, even when they fail to determine its final configuration. Urban legislation also has a great impact on the formation of a segmented real estate market in the city. The definition of spatial configurations related to specific areas, distinguishes markets reserved for certain social groups. Nevertheless, if urban legality has this economic power, the existence of vast non-regulated portions of the city reinforces even more the discriminatory and divisory role of the law. This is one of the most interesting aspects of the law: apparently it operates as a kind of mold for the ideal or desirable city. However, in the case of Sao Paulo and probably in the majority of Latin-American cities, it determines only the smallest part of the built-up space, since the product--the city--is not a result of the inert application of the model contained in the law; but of the relation that it establishes with the concrete form of real estate development in the city. Nevertheless, when defining the permitted and forbidden forms of producing spaces, it defines territories within and outside the law, that is, it defines full citizenship and limited citizenship regions. This is the theme of the thesis--to retrieve the history of urban legislation in the city of Sao Paulo (and of its non-regulated spaces) from the time of its first systematic formulation--the first Code of Ordinances of 1886, as a means of penetrating the city's history and clarifying its political, economic and cultural roles throughout this history.