A Right to the City by Alexa Jensen

Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights Alexa Jensen

A RIGHT TO THE CITY

Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Alexa Rae Jensen Masters Thesis May 2016 Design and Urban Ecologies Thesis Advisor: Gabriela Rendon, Assistant Professor of Urbanism Thesis Secondary Advisor: Miodrag MitraĹĄinoviÄ&#x2021;, Associate Professor of Urbanism and Architecture

Figure 1: View of Vila Autรณdromo. Source: Alexa Jensen, 2016.

CONTENTS Acknowledgments

Key Words + Terminology Abstract Research Questions + Methodology

3 4

PART I : SITUATED CONTEXT Favela: 11 Over a Century of Embedded Inequality in Rio Framing States of Exception

14 Revisiting Intervention Models 19 The Urban Policy Paradox 24 Right to the City for Whom: 27 Intervening in States of Shock

PART II: SITE ANALYSIS + ALTERNATIVE PROPOSALS

Site Analysis + Interviews

Rocinha Morro da Providência Morro da Babilônia Complexo da Maré Vila Autódromo Aggregate Analysis 49

Land Rights Tool 53

Educate Legalize Collectivize Conclusion 72

Bibliography 73 Appendix 76

ACKNOWLEDGMENTS I would like to express undue gratitude to my dedicated advisors, Gabriela Rendon and Miodrag Mitrašinović - the time and effort that they have put into my work has been incredibly invaluable. A special thanks to Miodrag for initiating the global comparative workshop with Pontifical Catholic University of Rio, which ultimately inspired my thesis. I would also like to thank Drew Tucker, Edesio Fernandes, William Morrish and Victoria Marshall for taking the time to have fruitful and enlightening conversations with me throughout the progression of my work. My research in Rio de Janeiro was a challenging and rewarding process which could not have been accomplished without the support and openness of my friends in Rio de Janeiro. I would like to thank Zezinho, for welcoming me into Rocinha and for helping me to understand the complex ecologies present in favela life; Gerônimo Leitão for taking the time to illuminate the embedded ideological questions surrounding informal communities, and for taking me through Vila Autódromo; Luiza Xavier, for sharing ideas with me and for translating multiple conversations in my second visit, as well as for her kind hospitality and friendship; and Theresa Williamson for taking the time to express her ideas and opinions on land rights in Rio de Janeiro. I would also like to acknowledge and thank my classmates Shibani Jadhav, Drew Vanderburg, Denilyn Arciaga, Darcy Bender, Mariana Bomtempo, Renata Benigno, Silvia Xavier, Nadine Rasheed, and Alexandra Venner for continually providing support, encouragement and feedback in this process. Finally, I want to acknowledge my family, Chris, Nadine and Tess and my partner, Ian for being a constant positive force and for continually supporting my endeavors - thanks for keeping me grounded.

KEY WORDS + TERMINOLOGY Favela Brazilian informal settlement Asfalt The formal city Morro The informal city Bairro A neighborhood, usually referring to a neighborhood in the formal city Favelado Favela Resident Carioca Rio de Janeiro resident or someone who fits in with the Rio de Janeiro lifestyle Quilombo Refers to an Afro-Brazilian settlement that has been recognized by the state as having collective land title Disaster capitalism Refers to orchestrated raids on the public sphere in a state of crisis or exception State of Exception Refers to a moment in time where government and market authorities are able to evade the rule of law, usually in a state of crisis or emergency Root Shock The traumatic stress reaction to the destruction of all or part of one’s emotional ecosystem1 FIFA The Fédération Internationale de Football Association IOC International Olympic Committee Minha Casa Minha Vida (MCMV) Brazilian social housing projects, entitled “My house, my life” Morar Carioca Rio de Janeiro a municipal plan for the integration of informal settlements into the city PAC Programa de Aceleração do Crescimento (Growth Acceleration Program). PAC is a strictly infrastructural favela upgrading federal program that started in 2007 under the Lula da Silva administration and has been continued as PAC 2 under Dilma Rousseff Revanchism Seeking to retaliate in order to recover lost territory

Fullilove 2005: 11 A Right to the City Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

ABSTRACT Current Brazilian urban policy has laid the groundwork for favela residents to begin to claim their right to the city; while many Brazilian municipalities have initiated an activation of federal urban policy by planning better cities both with and for their residents, the Rio de Janeiro municipality has instead averted and manipulated many of these policies in their preparation for past and upcoming mega events. The momentum of these global events have advanced the city into a state of exception that has served as a catalyst for an amalgamation of stakeholders and public-private partnerships to begin to privatize public land and resources in order to prime the city of Rio for the global stage. The operative framing of Rio as a global city has allowed for the pervasive narratives of “formality” versus “informality” to permeate and shape mega event planning practice and has thus sanctioned the evasion of federal urban policy by the Rio de Janeiro Municipality - where this evasion of urban policy within planning practice has effectively conceded to the displacement of over 77,000 residents between the years of 2009 and 2015.2 This thesis seeks to explore the dialectical relationships between the multiple policy perspectives of the federal government, the municipality and the favelados to the resettlement of favela residents and the gentrification of their neighborhoods in a current state of exception. The objectives of this research will be to consider the significance and centrality of the favela within Rio de Janeiro’s city logic by considering its “informality”, instead, as a productive form of practice; to achieve an advanced understanding of current Brazilian Federal Urban Policies involving The Right to the City, The Right to 2 3

Rio de Janeiro City Council

Adequate Housing and Land Regularization; to identify how these policies are translated within the favela pre and post states of exception; and finally, to understand what The Right to the City means within the favela and how its meaning may be augmented to compliment each unique favela agglomeration. In this examination I will employ methods of design-thinking in order to productively disrupt the problematic narratives of informality by translating and adapting federal urban policy to aid in the political agency of favelados. With this, favela residents may be able to effectively critique the current conditions created by municipality’s liberalization of federal urban policy in order to reclaim their right to the city in a post-Olympic environment by making more informed decisions about their land tenure and land rights.

RESEARCH QUESTIONS + METHODOLOGY Based on 9 months of research and two site visits to Rio de Janeiro this project explores the role of design in processes of change-making within Rio de Janeiro’s current condition. The task of design within this project will be to both “encourage and support the discourse and practice of the social production of places of “cooperation” by organizing conditions of co-existence and co-production, and by enabling “action in conjunction.”3 I will do this by uncovering the ways in which existing urban policy may be translated spatially and visually in order to empower favela residents to effectively critique the current conditions produced by a municipal-level liberalization of federal urban policy. Specifically, I will work to expose the ways in which favela residents may be able to make more informed decisions about claiming a right to the city both within and outside of states of exception. I will examine the following questions in my research: •

Is there a role for design-driven processes in enabling empowerment, political agency, and an activation of collective social imaginaries?

•

How might urban actors explore processes of design and design thinking to both translate and spatialize existing Brazilian urban policy into meaningful tools that empower favela residents to organize around their land tenure and land rights?

•

How might urban actors empathetically intervene in states of shock in order for favela residents to be able to claim for a Right to the City?

Mouffe 2005: 8, 9; Mitrašinović 2016: 183

•

How might favelados begin to combat land speculation in favela territory both in and outside of states of exception to prevent further states of shock?

•

How can claiming for a right to the city in a post-exception environment create a lasting resilience that allows favelados to imagine alternative forms of cohabitation that may be able to protect them from displacement in future states of exception and shock?

The first phase of my research involves the development of a deep understanding of the state of exception currently operating in Rio de Janeiro by examining historic and current events that have created the conditions for government and market intervention in favela territory. In this step, I work to interpret the role of the nationstate within Rio de Janeiro favela territory by conducting an in-depth analysis of the social and infrastructural intervention strategies of Favela Bairro, Police Pacification Units (UPP), Morar Carioca and Minha Casa Minha Vida. I compare these initiatives to the multiple realities present within five different favelas to illuminate the ways in which the pervasive narratives of informality become consequential in planning practice and government intervention strategies both within and outside of states of exception. In the next phase of my research, I will conduct an in-depth federal urban policy analysis by beginning to interpret the multiple policy perspectives at play between the federal government, the State of Rio, and the Rio de Janeiro Municipality and finally, how these policies are understood and acted out within

A Right to the City Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

the favela. In this I will examine the 1988 policy for the regularization of public and private land, the 2000 Social Right to Adequate Housing, the Special Zone of Social Interest Law, the 2001 Right to the City constitutional provision as well as the City Statute’s establishment of a broad approach to land regularization, legalization, upgrading, and other supporting urban planning policies in 2001. It will be necessary in this step to uncover the ways in which Rio’s favelados may begin to leverage existing urban policy and organizational techniques in order to claim for the right to the city. Thirdly, I work to gain a broad understanding of the legal, political, urbanenvironmental, social, and economic factors that are necessary in adequately claiming for the right to the city. To understand the complex

visits to begin to conceptualize the model of the right to the city within each distinctive enclave. As a next step, I conduct interviews with organizations and actors working within favela territory on issues related to urban policy and land tenure in order to understand how urban policy is best communicated to residents, what residents know currently, and which tools have been successful in translating federal urban policy in meaningful ways. I interview Gerônimo Leitão formerly from Fundação Bento Rubião, an organization currently working with urban policy to help residents regularize their land and reclaim their rights; Jaílson founder of Observatório de Favelas and Redes, sister organizations that work closely with the concept of the right to the city while thinking about urban policy for the city of Rio from within Maré; Lino, an associate architect

Therefore, it must be understood that this tool creates trans-generational social resilience by enabling communities to begin to imagine alternative forms of cohabitation that may be able to protect them from future displacement and shock both within and outside of states of exception. relational systems at play in the right to the city model, it will be necessary to differentiate between favela territories; where specific aspects that constitute a right to the city may vary across this landscape given that each of these communities are distinctive agglomerations of mobilities, sociabilities, policies and economies. I will be learning from five focus sites: Rocinha, Morro da Babilônia, Complexo da Maré, Morro da Providência, and Vila Autódromo in order to unearth the connections and gaps in knowledge that exist in these spaces. In this phase I will analyze the complexity of internal and external workings of these territories by interviewing residents, internal organizations and by learning from site 5

and urbanist working within Observatório de Favelas; Zezinho, a long time resident of Rocinha; and Theresa Williamson, founder of Catalytic Communities, an organization that looks at participatory models for rethinking the integration of informal settlements with formal settlements. These interviews and meetings as well as precedent studies will be crucial in understanding which communication tools will be the most effective in translating, spatializing and visualizing this data and urban policy for favela residents. Lastly, I will work to transcribe existing policy in ways that present favelados with the

agency to both understand and critique current federal urban policy regarding land rights in order to begin to work toward attaining a right to the city in a post-Olympic environment by organizing around land rights and land tenure. In this step I create a land rights tool that can begin to inform favelados about the types of land they occupy, how to regularize their land, how to organize around their land, how to gain collective land title similar to a community land trust, how to recognize their land via their local neighborhood associations and, ultimately, how to prevent gentrification and displacement in their communities.

trans-generational social resilience by enabling communities to begin to imagine alternative forms of cohabitation that may be able to protect them from future displacement and shock both within and outside of states of exception.

This land rights instrument strives to touch upon three distinct features that will measure its success over time. The first is that of embeddedness, this proposal must be pertinent to and useful for each community that it comes in contact with. For the tool to begin to be embedded, it will be essential to synthesize information from previous site visits by learning from the opinions of the local residents, by observing popular means of communication and by developing an understanding how best to disseminate existing urban policy and land rights ideas to favelados. This instrument must also be embedded in the site, itself as it must be handed over to actors within the specified territories as a tool for use. The second feature of this tool is reflexiveness; this instrument must be able to be given to actors within the community that will adapt and change this tool over time so that it will continue to be relevant for residents looking to become educated about land rights. The third feature is that of hysteresis; where this tool should be understood as a time-based system that generates durational community resilience. Therefore, it must be inferred that this tool creates A Right to the City Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

MAR

Population 6,0 Complex Population 140,0

VILA AUTÃ&#x201C;DROMO Population 40

ROCI

Population

MARÉ

RÉ

000 000

MORRO DA PROVIDÊNCIA

MORRO DA PROVIDÊNCIA Population 5,000

MORRO DA BABILÔNIA

MORRO DA BABILÔNIA Population 3,000

VILA AUTÓDROMO

INHA

n 150,000

ROCINHA Figure 2: Breakdown of favela study sites: Vila Autódromo, Morro da Babilônia, Maré, Rocinha, and Morro da Providência.

A Right to the City Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

PART I: SITUATED CONTEXT

Figure 3: Destruction of Homes in Vila Autรณdromo. Source: Fernando Frazรฃo, 2015.

FAVELA

Over a Century of Embedded Inequality in Rio Between the ingenuity present in the day to day augmentation of public spaces and the deeply ingrained relationships that can be found by observing everyday interactions, the favela presents itself as nothing short of a convivial space. However, while multiple realities undoubtedly exist within the favela, outside of the favela their spaces and territories are almost always contested. While most informal settlements in Brazil are situated at the periphery of the city, Rio’s favelas, in contrast, are unique not only because of their ubiquity, but also their centrality within the city – some say that you cannot go anywhere in the city of Rio without being 1 kilometer from a favela. Deemed subnormal agglomerations by Brazilian bureaucrats, spaces of illegality by residents living in the “formal city”, spaces of nonformation by academics and spaces of lawlessness by the police task force; the favela occupies a space of “othering” where its positionality in the minds of “formal” communities is continually fixed in opposition to what they consider desirable. Nomenclature aside, more than 1.7 million of Rio de Janeiro’s 6.3 million residents live in the favelas according to 2010 census, meaning that over one in five Rio de Janeiro residents lives in a favela.4 Therefore, in direct contrast to dualistic codifications, Rio de Janeiro’s favela occupies a non-marginal space that is central to its urban logic as it both enables and constitutes debates on urban civility and law.5 Urbanist Gustavo Rivera Jr. states that the favelas are engraved in the social imaginary of the modern city – they serve as a permanent feature, “a symbol that embodies and sustains the division 4 5

IBGE, 2010: Web Mcfarlane, 2012

11 Favela Over a Century of Embedded Inequality in Rio

between formality and informality, legality and illegality, order and chaos.”6 Rivera elaborates on these categorizations by suggesting that favelas tend to fall into two common, yet distinct, definitions. One which tends to describe them as spaces of crime and violence – a definition which harkens images of drug dealing, militia presence and illicit operations like the common practice of siphoning cable, electricity and water into the favela. The second, and albeit, more wellintentioned definition views the favela as spaces abandoned by the Brazilian state that should be further integrated into the formal city. While one definition views favelados as violent and active, postulating the favela as a threat to the formal city; the other definition poses them as both victimized and passive and often leads to threads of romanticization. The various categorizations that surround the favela are fostered by a deeply embedded hyper-local cultural memory and are extremely problematic for favelados as they tend to play on an even larger global cultural memory, as much of the world understands “favela” as spaces either plagued by violence or neglected by the state. It is because of this that past and upcoming global mega events have allowed the aforementioned stigmatizations to pervade government interventions, planning practice and inter-city relations between favela residents and formal city residents and tourists. The the multiple definitions, classifications, and perspectives of favela have proven to be problematic as they have fallen short of fully understanding the multiple realities present in each unique favela agglomeration, this becomes starkly evident when considering the negligent “one size fits all” state and municipal intervention models that have developed in the 6

Gustavo Rivera Jr, 2009: 9

last twenty years, and particularly within the past decade. Colin Mcfarlane argues that the distinction between “informal” and “formal”, although it may seem a modest duality, tends to have a powerful and active influence on the way modern urban planning and city making is employed, particularly in the context of the global south. The government and the market tend to view the concept of informality in four different ways – the first is spatial, where the ‘informal’ tend to reside on the legal political and economical margins

for land to conciliate the landless increased immensely. Following the paradigmatic shift of abolition, some 30,000 freed slaves and landless farmers settled in Canudos in the Northeastern state of Bahia. In 1897, the Brazilian Army, commissioned by the Federal government, was sent into the settlement of Canudos to dismantle the informal settlement in order to free up land for formal purposes – this resulted in what is known today as the Canudos War. As a reward for fighting in Canudos, Brazilian soldiers were promised land of their own in Rio de Janeiro, however, following the war the discharged

“Rio de Janeiro’s favela occupies a non-marginal space that is central to its urban logic as it both enables and constitutes debates on urban civility and law.” of the city, the second is organizational, where labor is not recognized as providing productivity to the city; the third is that informality has been conceived as having negotiable value; and the fourth emerges as a governmental tool, where the nation-state tends to view informality as an allowance for intervention.7 In Rio, specifically, I will claim that the first three problematic conceptualizations work as facilitators operating within and alongside the fourth conceptualization of the governmental tool, as the favela’s informal nature has unquestionably served government and market interest in the current state of exception. However, the binary conceptualizations of the favela seem rather ironic given its foundation. During the Atlantic slave trade, Brazil received more slaves than any other nation in the Americas, with people of African decent accounting for over a third of the population of Brazil in 1819 – as a result, after the abolishment of slavery in 1888 by the “Golden Act” the need 7

soldiers waited in futility for the government to grant them land title. Eventually, and albeit ironically, the decommissioned soldiers who had forcibly evicted Canudos’ informal settlers, informally settled, themselves, in 1897 atop a hillside just outside of Rio’s city center (Zona Centro) which eventually came to be known as Morro da Providência – Rio de Janeiro’s first favela. In the hundred-plus years that have passed since Morro da Providência’s establishment, over 1,000 favelas have since been recognized in Rio de Janeiro – all of which have been no stranger to resistance and struggle. The 1970’s in Rio de Janeiro witnessed massive eviction and resettlement narratives of favelados, the second largest in history up until present day – where attendant to mass-eviction followed a unified resistance in the form of favela and neighborhood associations. Aggravated by the municipality’s dismemberment of their communities, the newly established neighborhood associations surfaced

Mcfarlane, 2012: 91 A Right to the City 12 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

with a common demand for securitization of land tenure and land rights. The tactical citywide insurgence of neighborhood associations represented a nationwide struggle; and so it was after the re-democratization in 1988, at the time that much of todays urban policy was passed, that many favelados chose to regularize their land. The movement for land securitization within the favelas lasted from the late 1980’s until the early 1990’s, when militias and drug traffickers took over a great deal of Rio’s favela territory, effectively straining the momentum of favela associations and their requests for land rights as the illicit activities of the traffickers and militias tend to benefit from the ambiguity present with the incognizance of the state. However, while this particular ambiguity had once benefited the internal workings of the favela, this ambiguousness is now, in many cases, favelados’ biggest threat in the wake of massive state-sanctioned evictions that have followed the announcement of 2014 World Cup and 2016 Summer Olympic Games.

13 Favela Over a Century of Embedded Inequality in Rio

FRAMING STATES OF EXCEPTION “Far from flattening the social differences, disaster reconstruction invariably cuts deeper the ruts and grooves of social oppression and exploitation.” - Neil Smith

There’s No Such Thing as a Natural Disaster

On October 2 2009, after presenting their Bid Proposal to the International Olympic Committee, the Olympic Committee of Rio de Janeiro announced that Rio would be the first South American city to host the Olympics; beating out rival cities such as Tokyo, Madrid and Chicago. The 2009 Olympic bid revealed that the full construction plan of the 16-day event would take place within four main Olympic clusters dispersed throughout the city and that these clusters would house the 26 Olympic venues as well as be home to hotels, shopping centers, Olympic villages and various touristic and cultural points. What it did not reveal, however, was the full scope of development that would take place on these sites and many others as the city of Rio has now used the Olympics to push forward development plans that enhance neoliberal, globalization programs. However, preceding the 2009 announcement and the extensive development that has followed, Rio had already had an eye on the global stage. In 2007 Rio held the Pan American games in its historic Maracanã Stadium and later that year it was announced that the city would host the 2014 FIFA World Cup. As the cultural capitol of Brazil, Rio had been eager to host mega events for years, and finally, three major mega events had been added to the City’s calendar, all within three years’ time. Hosting a

mega event like the Olympics or the World Cup positions the host city at center stage –tourists flow in from all over the world to be spectators in the mega event and host cities leave indelible impressions on a global tourist population – for better or for worse. This means that host cities must do some “housekeeping” so that Olympic and World Cup visitors can absorb the prescribed culture of the city, commute to and from events, and spend tourist dollars all with the perception of safety. Consequently, in the wake of Rio’s mega event momentum, several critical things take place in order to advance its widespread “clean up” and development agenda. With a past notoriously besmirched by drug trafficking and militias, the first item on Rio’s list was a swift and thorough “clean up” of its favelas by making invisible or otherwise eradicating these conditions. However, the municipality’s remedy for the ailments present within the favela have manifested in the form of highly visible and aggressive police militarization. Where in 2008 Rio de Janeiro established its first police “pacification” unit (UPP) in Dona Marta and continued to establish 36 more in various favelas between the years of 2008 and 2014; this pacification follows the municipality’s claim that UPP presence is a necessary step toward making the favela a safe place to be – although favelados were safe in their territories to begin with, it was

A Right to the City 14 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

outsiders who were not. While each favela is quite different and the responses to police pacification are variegated across this landscape, it is notable to view this mass militarization as an effort to control public and privately owned land as well as to give the impression to outsiders that the conditions of the favela are under control. This leaves favelados wondering for whom the city’s pacification efforts are supposed to benefit as it seems that eliminating the signs of disorder within their territories has undermined solving any of the underlying social issues that continue to plague them; where many of the abuses within favela territory silently persist or have been dramatically exacerbated under the shadow of the Batalhã de Operações e Policiais Especiais, otherwise known as BOPE. While in select cases the gun-wielding BOPE units have been able to subdue violence between drug gangs, police pacification has proved to be an expensive city endeavor, sparking debates on the continuation of UPP investment after the Olympics have come and gone – if investment is disbanded it could, in some cases, leave favela residents in social conditions inconceivably worse than they were prior to pacification. Also aiding the municipality in its development agenda, the spring of 2010 witnessed torrential downpour that triggered landslides and floods in Rio State, taking the lives of 68 residents in the city of Rio de Janeiro, and at least 249 statewide. These floods provided a blank slate for the city’s Olympic development plans to gain traction. As a response to the floods, Mayor Eduardo Paes abruptly ordered the construction of 53,000 Minha Casa Minha Vida (MCMV) social housing projects to be erected 15 Framing States of Exception

more than 50 kilometers away from the city center for the relocation of favela residents who occupy environmentally precarious areas – a generous effort on behalf of the mayor in a time of crisis. However, the majority of resettlement to the newly erected MCMV units were of households that were not directly impacted by the floods. For instance, many Morro da Providência residents were relocated to MCMV during this time as their land was deemed “unsafe”; however, the environmentally precarious land where their homes once stood would eventually see the construction of structural posts for Morar Carioca Teleférico, cable cars built to take Olympic tourists to the top of the historic favela. “The UPP is put here for visibility – something that the outside world can see. The problem with Rio de Janeiro is that you have a corrupt police unit, not even people in Leblon trust the police. So you’re taking a corrupt body of people and placing them in an already contentious environment where people distrust the government. The reason the government cares so much now about the favelas is because they have to with the upcoming games.” - Zezinho, Long time Rocinha Resident Also in 2010, the municipality and the Rio Olympic Bid Committee elect amendments to the 2009 Olympic bid proposal that extend far beyond the development that was originally proposed. The 2010 amendments created transit modifications, adding the TransOlímpica bus rapid transit line to an already long list of Olympic-related transit development; the amendments also effectively allowed public land to be auctioned off in Porto Maravilha via CPACS (certificates of potential additional construction). These modifications to the original bid proposal

have resulted in the eviction of thousands of favela residents and the pervasive urban renewal of their territories on the same premise as the previous resettlement, that they occupy environmentally precarious land, following a singular stipulation in a 1990’s municipal law that prohibits the eviction of favelas except in the case of physical risk due to land condition. The progression of these events and the justification of the actions taken indicates that these crises, although they have yet to occur, are mounting and are, by all means, compounding in a most intentional manor (See Figure 5). Seen in this context, mega events serve not only as a topdown form of urbanization, transforming cities overnight to create physical legacies within host cities, but, similar to natural disaster or crises, mega events also serve as states of exception. As Rio de Janeiro clamors to become a global city, the states of exception and vulnerability present in its divided landscape provides the conditions for developers and the municipality to view the space as a clean slate, effectively allowing the aversion of federal urban policy and advancement of neoliberal ideologies. Naomi Klein refers to orchestrated raids on the public sphere in the wake of catastrophic events and states of exception, as a phenomenon called “disaster capitalism” - she claims that disaster capitalism has gained traction and that it is clear that using moments of collective trauma to engage in radical social and economic engineering is now the preferred method of advancing corporate goals.8 Currently, there are three states of exception operating within Rio – the first being natural disaster, itself, with the 2010 summer downpour having sparred Minha Casa 8

Klein, 2007: 6

Figure 4: Teleférico da Providência – Opened July 2014. Source: Stefan Johnson, 2014.

Minha Vida; the second being simply the risk of natural disaster, which is the present day cause of the majority of favela evictions; and the third being mega events, where the municipality has gone miles beyond the requirements of FIFA and the IOC in order to advance development and anti-poverty agendas while turning over public amenities to private and public-private partners. Miriam Greenberg elaborates on Klein’s argument as she claims that the framing of crises or states of exception, “interacts dialectically with social conditions of rupture to create new opportunities for intervention and social transformation.”9 She argues thus, that we can view states of exception and crises as contested spaces in which opposing groups and interests, “battle to control the framing of crisis as a social reality, and so to prescribe and justify particular political interventions and visions of an ideal, post-crisis future.10 In its current state of exception, Rio de Janeiro’s municipality has framed the social reality of the city in order to create the conditions for disaster capitalism 9 10

Gotham + Greenberg, 2014: 9 Ibid, 2014: 9

A Right to the City 16 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Land is reclaimed in the Port Area covering up slave ports.

1888

Slavery is abolished

1937

Código de Obras - the first building code ackowledgment of the favelas.

Morro da Providência, is founded by veterans of the Canudos war

2015

Forced evictions injure 6

Local fishermen settle in Vila Autódromo which is still part of the undeveloped west zone.

1967

1897

From 2013 - 2015, Vila Autodromoʼs population decreses by 83%. Still 41 families continue to want to stay

2015

More than 12,000 families receive social rent from SEASDH. A rent form that is generally reserved for disasters. ($400 - $500 R monthly)

Residents revitalize public spaces like Parquinho.

2015

CDURD holds a meeting where they reveal that social rent will be given to residents in the Area of Special Urban Interest.

Lightning Evictions. Some homes are demolished before residents get home from work.

2014

2015

17 Framing States of Exception

2015

However, unlike a natural disaster, Rio’s mega events have provided only a small window of exception in which the municipality’s framing of “an ideal Rio” would have to be drafted, developed and carried out by unyielding deadlines. In order for rampant development to be realized within the Summer Olympics’ rigid timeline, abrupt and ubiquitous favela interventions have negligently emerged as none of these programs have proved to have been grounded in the economic, social and spatial realities of the city’s landscape. In the current state of exception, it is clear that the informal nature of the favela, the negotiability of its importance, and its position of othering has indeed provided a catalyst for government intervention.

1818

to manifest itself in this landscape in the form of a clearly defined globalization strategy that remakes the city in its own image - with the elimination of the marginalized to make space for the wealthy tourist or investor. It is such that the particular framing that is apparent in the states of exception in Rio have not only justified political interventions that have imposed development and enforced resettlement; but has also directly contradicted Brazil’s 2010 ‘Right to the City’ policy enactment. Similar to a natural disaster, economic crisis, war or terrorist attack, Rio de Janeiro’s state of exception has allowed the municipality to manipulate and bypass federal urban policy in order to achieve their desired result.

December - Proposed changes to the Transolímpica BRT line shows that it will run through Vila Autódromo and displace more residents.

Recei

dow

2008

2005

City declares part of Vila Autodromo to be a Special Zone of Social Interest and claims that no one will have to leave against their will.

Municipal law prohibits the eviction of favelas except in the case of physical risk due to land conditions.

The first UPP is established in Dona Marta since then 36 UPPʼs have been established.

World Bank proposes the Metropolitan Transport Decentralization Project which will cost US $272m.

Throughout the ʻ90ʼs drug traffickers and police militias take over most of the favela associations and the momentum from neighborhood associations slows.

2010

2013

Major reconstruction of Maracaña stadium begins. The public stadium is turned over to a public private partnership.

2007

1990’s

1992

1988

The Governer grants 354 households in Vila Autodromo a 33 year lease for the land which is later extented to 99 years.

2009

1993

1980’s

Rio is ahead of the redemocratization movement in a way as many neighborhood associations begin to start throughout the ʻ80ʼs.

Redemocratization is established. The National Movement for Urban Reform influences the constitution which enshrinesthe social function of land and the right to own small urban lots.

Mayor Paes declares that no residents will be forced to leave Vila Autódromo.

1990

1987

Vila Autódromo settlers found a residents association to develop infrastructure for water and electricity.

1970

A forumula one acetrack is build next to the settlement and Vila Autódromo gets its name after the racetrack.

Brazil is elected as host nation for the 2014 World Cup. FIFAʼs Matrix of

Responsibilites requires 8 Stadiums, Brazil decides, instead, on 12.

As a response to the floods, Eduardo Paes orders the construction of 53,000 MCMV properties. 50 km from city center.

Copacabana hosts FIFA fan fest.

2013

Vila Autódromoʼs population is 3,000 (150 families).

2010

2013

Government holds auction to sell CPACS and Caixa buys them.

2010

IBGE census

shows that favela population has increased by 27% compared to the city at 7.4%

September - Niterói ives Weather Warning System due to heavy wnpour in the Rio State region.

Rioʼs 2016 Summer Olympic Big Proposal wins.

April 5 Unprescedented downpour causes major floods and landslides. 68 die in Rio de Janeiro - 212 in the State of Rio.

April 25 - UPP is established in Morro da Providência

Rio De Janeiro Morro da Providência Vila Autódromo

Figure 5: A timeline of events leading up to and following the announcement of the 2014 World Cup and the 2016 Summer Olympics

A Right to the City 18 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

REVISITING INTERVENTION MODELS Even prior to the current state of exception, Rio de Janeiro’s favelados have been no stranger to government intervention strategies. In 1964, supported by the United States, the Brazilian democratic government was taken by a military coup d’état, overthrowing president João Goulart and following in an authoritarian military regime. Born from the dictatorship was the governmental practice of favela removal; and thus, the 1970’s witnessed a wave of eviction and eminent domain narratives throughout the South Zone where many favelados were resettled to housing projects in remote areas of Rio. During the years of mass eviction and following the paradigmatic shift from dictatorship to democracy in 1988, many individuals in Rio de Janeiro were involved with the idea of the urbanization of the favela as a means of quelling their removal and began working toward this ideological urban question. During my second visit to Rio, I interviewed Gerônimo Leitão who reflects on this moment in time with excitement as he was involved in asking similar ideological questions. He tells me that these were questions of public and social works that could be brought to the favela through participation as a means of blurring the detrimental boundaries of informality and formality; he says that this inquiry stemmed from the knowledge that the favela’s proximity to the city and its apparent informality was, in fact, beneficial to the coherence of Rio de Janeiro. Gerônimo and many others started independent projects in these spaces in the early ‘90’s; and in 1994, the Rio de Janeiro municipality, under Cesar Maia, created its first slum upgrading program, Favela Bairro. Favela Bairro, which translates to “slum neighborhood” was a physical upgrading program that aimed at weaving the favela into the fabric of the formal city and was very much inspired by the 19 Revisiting Intervention Models

projects that Gerônimo and his colleagues were embarking on. Gerônimo went on to work within Favela Bairro; and while he holds that the projects of Favela Bairro were beneficial for the favela and for the city, he also states that the transition from a bottom-up initiative, led by academics and favela residents, to an almost entirely top-down, government-run initiative altered the nature of the projects. While many consider Favela Bairro “The perspective shifted from ideological to business. In some ways it was good because slums were starting to be seen as part of the city – because it was governmentled, we were able to complete many more projects than we ever could have imagined - Favela Bairro completed projects in over 147 different favela territories.” (See Figure 6). - Gerônimo Leitão to be a successful project in that it brought many basic social and public services to the favela; it was, however, unsuccessful in its lofty mission to blur the boundaries of the favela and the formal neighborhood, as there is still no doubt in anyone’s mind where the favela ends and the asfalt (formal city) begins. Following Favela Bairro was the implementation of Programa de Aceleração do Crescimento (Growth Acceleration Program) – also known as PAC. Still an ongoing project in some parts of the country, PAC is a strictly infrastructural favela upgrading federal program that started in 2007 under the Lula da Silva administration and has been continued as PAC 2 under Dilma Rousseff (See Figure 7). Rocinha has two such projects, the PAC apartments, which were built in response to a widespread outbreak of tuberculosis caused by crowded housing, and the Oscar Niemeyer footbridge, which connects

the bottom of Rocinha to its sports center. While PAC’s two projects within Rocinha have been heavily used, residents have continually expressed concerns about raw sewage problems as well as the need for an upgraded garbage collection system to improve internal health conditions. This fact leads many Rocinha residents to believe that the funds for these infrastructural solutions were grossly misplaced, as these projects, particularly the Niemeyer footbridge, have been relatively retroactive in nature. While informality has permeated planning and policy practice in Rio for many years, nowhere has this logic been so starkly evident than it has been in the preparation for past and upcoming mega events. Under the guise of democracy is an eerily similar resettlement strategy to the one previously heralded during the years of the dictatorship, Minha Casa Minha Vida. Developed in 2009 and nicknamed Minha Casa Minha Dilma, MCMV builds affordable housing on vacant land for low income families that have not previously owned property (See Figure 8). While many Brazilian cities have used the model of MCMV to combat land speculation and house low income populations, MCMV has been used as a governmental tool in Rio de Janeiro to evict and displace favela populations that obstruct Olympic and tourist infrastructure development. Similar to Friedrich Engels reflections of the bourgeoisie, the municipality of Rio de Janeiro simply has no solution for its favela problem and so it simply moves it around.11

the city center. This resettlement strategy is problematic given that the challenges that this will place on the resettled will threaten their livelihood; placing a significant strain on their mobility to resources and opportunities as well as breaking the vital social ties that are necessary for vertical mobility within society. What this type of capital intervention in a state of exception seeks to reinforce is uneven development driven by the production of space in capitals’ own image. Neil Smith argues that, “not only does capital produce space in general, it produces the real spatial scales that give uneven development its coherence.”12 As the Municipality of Rio continues to uproot and displace its own residents in its newly rebranded social housing project, it becomes clear, now, that this type of resettlement strategy will unquestionably serve as a reproduction of the poverty, inequality and marginality that the resettled had left in the favela.

While the current model for resettlement in Minha Casa Minha Vida is equipped with sanitation, water and electricity, it is placed sometimes more than 50 kilometers away from

Although, outside of resettlement by evictions is resettlement by the market. With realestate development taking place both outside and inside the favela and police pacification ensuring the safety of tourists and the well-to-do, land speculation in favela territory is on the rise. Historic favelas such as Morro da Providênca and Morro da Babilônia have given way to this type of development under Morar Carioca – a municipal plan for the integration of informal settlements into the city fabric by 2020. Created by Mayor Eduardo Paes on his 2010 reelection platform as an evolution of the previously successful Favela Bairro (See Figure 9), Morar Carioca was given a new name to disassociate itself with the administration of Cesar Maia. And born with the programs’ new name came also a new model – Morar Carioca was to include participation of favela residents in

11 Engels

Smith,1990: 7

A Right to the City 20 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

the design and implementation of its projects. In 2010 Morar Carioca was awarded US $150m in loans from the Inter-American Development bank and a budget of R$9 billion for 40 firms to begin site studies in the chosen communities. While Morar Carioca still lives on the Cidade Olímpica website as “An Olympic Legacy”13, three years after its original announcement, the reelection of Eduardo Paes, and several esteemed awards including the Siemens Sustainable Communities award, funding for Morar Carioca was dismantled and its projects disbanded with very few projects completed and even fewer projects having used the rigorous favelado participation that Morar Carioca was supposed to involve. In careful examination of these four examples of favela interventions that have taken place along with the government intervention of the UPP, it is important to note that while some of the interventions have proven to have been quite successful, like Favela Bairro, all of these interventions deal with visibility on some level. They deal with visibility in an infrastructural way - like the highly contested and highly visible R$18m Oscar Niemeyer PAC Footbridge in Rocinha; visibility in a militarized way – where expensive pacification projects have been put in place to make mega event tourists feel safe; or they deal with the removal of visibility – as seen in the Minha Casa Minha Vida projects. As these projects have all dealt with visuality on some level, many of them have presented themselves as double edged; while these highly visibilized projects may have been needed in some instances, they were, perhaps, not as necessary as projects that would have provided less global and local discernibility – 13

Cidade Olímpica, 2014: Web

21 Revisiting Intervention Models

“We have favelas because we don’t have a welfare system. You have government supported programs like Minha Casa Minha Vida and Morar Carioca - but the basis of these programs is removal, not welfare. Favelas are a solution to the lack of housing.” -

Zezinho – Long-time Rocinha Resident

like water treatment, garbage collection and raw sewage issues. In this perspective, labels of informality become central to the urban planning regime both within and outside of states of exception; as the heavy-handedness of government interventions like Minha Casa Minha Vida, Police Pacification, and Morar Carioca are undoubtedly a product of the intimately entwined relationship between government interventions and the city’s gentrification strategies. However, intervention aside, rethinking informality as it relates to planning and policy practice requires favelados to begin to effectively critique the current conditions in order to begin to claim for a right to the city; where a shift in the paradigm of informality will see a shift in the productive value of favela practice within the city landscape, and thus, a reconfiguration of current municipal manipulation of policy.

Government Interventions

1994 Favela-Bairro was a physical upgrading program that aimed to integrate slums into the fabric of the formal city, by providing access to basic urban and social services, as well as assisting in the regularization of public and private spaces within the favela.

Legend Favela Bairro Development Favela Territory

Source: Groves, Laura. Is There a Role for Preservation Planning in the Favela? 2015. Data Sources: rio.gov.br, IAB

Figure 6: Map of completed Favela Bairro projects (right), images of Favela Bairro projects (left)

Government Interventions

2007 Known as PAC, Program de Aceleração do Crescimento is an initiative to upgrade infrastructural projects in the public realm of the City.

Legend PAC Development Favela Territory

Source: Groves, Laura. Is There a Role for Preservation Planning in the Favela? 2015. Data Sources: rio.gov.br, IAB

Figure 7: Map of completed PAC projects (right), images of Rocinha’s PAC projects - the Oscar Niemeyer footbridge and the PAC apartments A Right to the City 22 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Government Interventions

2009 Minha Casa, Minha Vida builds new construction on vacant land for the purpose of affordable housing. While the current model for resettlement in Minha Casa Minha Vida is equipped with sanitation, water and electricity, it is placed sometimes more than 50 kilometers away from the city center.

Legend Minha Casa Minha Vida Development Favela Territory

Source: Groves, Laura. Is There a Role for Preservation Planning in the Favela? 2015. Data Sources: dados.rio.gov.br

Figure 8: Map of completed Minha Casa Minha Vida projects (right), images of completed Minha Casa Minha Vida projects(left)

Government Interventions

2010 Morar Carioca, an evolution of Favela Bairro, is promoted as part of the Olympic Plan for Rio de Janeiro. Morar Carioca pledged to integrate every favela into the formal city by the year 2020. Thousands of families across the city have been evicted for ʻMorar Cariocaʼ development projects, however the Morar Carioca process has not been followed in any of them.

Legend Morar Carioca Development Favela Territory

Source: Groves, Laura. Is There a Role for Preservation Planning in the Favela? 2015. Data Sources: rio.gov.br, IAB

Figure 9: Map of completed Morar Carioca projects (right), images of completed Morar Carioca projects in Complexo do Alemão and Babilônia (left - top to bottom) 23 Revisiting Intervention Models

THE URBAN POLICY PARADOX At this point, it is important to note that Brazilian democracy is barely 28 years old - It was only 1988 when Brazil completed the process of the reestablishment of democracy by adopting their current constitution. Along with the establishment of the current constitution came new land rights, and in 1988 the Brazilian Federal Constitution began to recognize that those who had lived in informal urban settlements for at least five years had rights to the regularization and legal ownership of up to 250 square meters of their occupied land.14 Individual and/or collective freehold rights were granted for settlements on private land through adverse possession (Usucapião Urbano), while individual and/or collective leasehold rights were granted for settlements on public land.15 As a means of giving the Federal Constitution’s social value of land and property a more concrete expression Brazil passed the “Estatuto da Cidade” (the City Statute) in 2001 (See Figure 10). Edesio Fernandes states that, “The 2001 City Statute regulated the constitutional provisions and established a broad approach to land regularization, combining legalization, upgrading, and other supporting urban planning policies.”16 Brazil continued to pass progressive urban policy to compliment the ideologies of the City Statute in the decade following, where in 2001 the social right to adequate housing was given constitutional status and later that year Henri Lefebvre’s concept of The Right to the City was recognized by the City Statute as a collective right. The right to the city is a vague, yet provoking concept that first appeared in Lefebvre’s 1968 Le Droit à la Ville and has since, but most recently, taken on a multitude of meanings within urban settings; but it is most widely understood as the 14 15 16

Fernandes, 2011: 21 Ibid, 2011: 21 Ibid, 2011: 21

individual and collective right to remake the city by remaking ourselves in the shape of our desire. Brazilian Federal Urban Policy within the City Statute is significant for Brazil because it represents the country’s efforts over the last twenty years to make democracy work and to combat the heavily entrenched social inequalities present in its urban centers.17 However, while progressive federal urban policies are currently in place at a national level, Brazil is highly decentralized as a product of the City Statute’s decree of inter-municipal consortia, making Brazil one of the most decentralized countries in the world. Brazil’s decentralization by virtue of the inter-municipal consortia allows for federal urban policy to be interpreted and translated at multiple levels – at the state level and at the municipal level; effectively sanctioning Rio de Janeiro’s municipal autonomy from federal urban policy. Decentralization as part of democratization was intended to create opportunities for municipal policy and law makers to cater federal urban policy and law to the specificities present within each municipality so as to avoid ‘one size fits all’ models and sweeping urban policy reform that may not serve certain communities. However, emergent in this decentralization is the existence of an urban policy paradox. In addition to that, Edesio Fernandes claims that while many of Brazil’s federal urban policy enactments exemplify progressive urban policy reform, like the 2001 Right to the City, they lose their meaning without both a local legal structure and a public that can begin to claim for their collective rights. He asserts that “while a great deal has already been done to promote the actual materialization of the right to 17

Daniel Nogueira Budny, 2007: 1

A Right to the City 24 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

the city in Brazil, there are still serious problems and obstacles to be overcome, and as a result renewed socio-political mobilization in the country is required for the new legal urban order to be fully implemented.”18 This has allowed municipal-level liberalization of federal urban policy that has unjustly led to the eviction of hundreds of thousands of favela residents and the subsequent gentrification of their territories in Rio de Janeiro. James Holston contends that, while the nation-state has certainly struggled to manage the social differences that it has distinguished, its democracy has held particular promise for more egalitarian citizenship in Brazil, and thus for greater justice and dignity in the organization of differences.19 But while Brazilian democracy has promised egalitarianism in the form of equal citizenship, it has paradoxically contributed to the formulation of a differentiation of citizenship in many states; because while many Brazilian cities have adopted these policies in an effort to move toward more integrated and equitable cities, Rio de Janeiro’s municipality has not operated under the same equitable framework. Because Brazilian federal urban policy and law is decidedly open-ended it is subject to multiple interests and interpretations as it makes its way to its citizens – Ananya Roy reflects on James Holston’s work as she asserts that, “the state can use informality as an instrument of accumulation and authority” by placing itself outside the law in order to enable a particular form of elite urban development, in this way, she claims that, “the law is a social process” and is thus, characteristic of that which is illegal.20 Seen in this way, the 18 19 20

Fernandes, 2007: 2 Holston, 2007: 2 Mcfarlane, 2012: ;Roy, 2009: 10

25 The Urban Policy Paradox

Rio de Janeiro municipality and Rio State have, instead, used existing federal laws and urban policies as social tools in states of exception, as they have sought to reinforce the power relations present between the formal city and its informal peripheries.

Federal

State

Federative Republic of Brazil

1988 Federal Constitution Federative Republic of Brazil

1988 2001

2001 2003 2004 2007 2008 2009

State

State of Rio de Janeiro

Municipal

Municipality of Rio de Janeiro

Urban property has a social function UsucapiĂŁo Urbano (adverse posession) Federal Constitution 2001 City Statute Urban property has a social function The social function of housing expression to the social functions of property via municipal Master Plans UsucapiĂŁoConcrete Urbano (adverse posession) Participatory/democratic urban management City Statute Tenure regularization The social function of City housing 2001 Right To The Concrete expression to the social functions of property via municipal Master Plans 2003 Establishment of Ministry of Cities Participatory/democratic urban management 2004 Free property registration as part of the regularization programs Tenure regularization 2007 Facilitation of tenure regularization by municipality for informal settlements on land owned by the union Right To The City 2008 Right of communities to benefit from technical assistance in regularization programs 2009 MinhaofCasa, Minhaof Vida regulation and facilitation of tenure regularization of informal settlements Establishment Ministry Cities

Free property registration as part of the regularization programs Facilitation of tenure regularization by municipality for informal settlements on land owned by the union Right of communities to benefit from technical assistance in regularization programs Minha Casa, Minha Vida regulation and facilitation of tenure regularization of informal settlements Figure 10: Diagram showing decentralization in the implementation of urban policy

A Right to the City 26 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

RIGHT TO THE CITY FOR WHOM Intervening in States of Shock

“The right to the city is far more than the individual liberty to access urban resources: it is a right to change ourselves by changing the city. It is, moreover, a common rather than an individual right since this transformation inevitably depends upon the exercise of a collective power to reshape the processes of urbanization. The freedom to make and remake our cities and ourselves is, I want to argue, one of the most precious yet most neglected of our human rights.” - David Harvey

The Right to the City It is at this point that we should revisit Miriam Greenberg and Kevin Gotham’s claim that we can view states of exception and crises as contested spaces in which opposing groups and interests, “battle to control the framing of crisis as a social reality, and so to prescribe and justify particular political interventions and visions of an ideal, post-crisis future.”21 While Rio’s state of exception has allowed the municipality to sidestep federal urban policy in order to remake and rebrand the city, it is important to note that this argument leaves with it a fragment of hope for the marginalized following states of crisis or exception, that the ‘battle to control the framing of crisis as a social reality’ has the possibility to be in the hands of the favelados. As the Olympics are rapidly approaching and will come and go within a month’s time, Rio will leave a state of exception and enter a state of shock; where, similarly, this state of shock in a post exceptionist society must allow for favelados to challenge the ways in which their city is being built, governed, inhabited and imagined.22

Mindy Fullilove, a clinical psychiatrist who relates urban environments to psychosocial wellbeing, believes that the rapid restructuring of territories following a state of exception or crisis leaves residents in a state of root shock, which she defines as “the traumatic stress reaction to the destruction of all or part of one’s emotional ecosystem.”23 She explains this phenomenon in the context of generational poverty and marginality by discerning the areas in which one occupies as emotional ecosystems that attach themselves to ones environment, not only as an individual self, but as a collective consciousness anchored in small niches and neighborhoods. Thus, if ones place is destroyed or impetuously altered, it is common to experience emotional, economic, social and cultural disturbances thereafter.24

21 22

23 24

Greenberg + Gotham, 2014: 9 Greenberg + Gotham, 2014: 3

27 Right to the City for Whom Intervening in States of Shock

This root shock phenomenon can be seen within select territories in Rio that the Municipal Housing Secretariat has begun to remove or has removed entirely (See Figure 11). Theresa Williamson, founder of Catalytic Communities Fullilove, 2005: 11 Ibid, 2005: 20

and favela eviction specialist argues that the emotional stress of eviction in a neighborhood can create a domino effect that causes others to begin to leave as well. While she has been a witness to this phenomenon, she asserts that in cases where entire communities have been dismantled that the city starts the process by, “finding a small group that they can easily push out; once they have evicted about ten percent of the community, the rest begins to unravel from there; families will leave simply because the nature of their neighborhood is changing.”25 Williamson hosts workshops on anti-eviction and gentrification and claims that there are many things that can be done to prevent both eviction of residents and the subsequent gentrification of their territories, but that the most important ingredient in building a resistance, she says, is unity.26

exacerbate disaster by placing people and places in situations of precarity that are conducive to disaster in the first place.27 In this method of organization and framework building, it will also be necessary to rewrite the dualistic narratives that have been used to reinforce situations of informality and formality and to begin to think of these terms, instead, as practice. In doing so rewrites the productivity and value of both informal and formal practice, effectively changing the way that cities plan and implement policy around these communities. I propose that collective insurgency and revanchism on behalf of the favelados is necessary to begin to reclaim a right to the city and that the reclamation of these rights is a necessary step toward changing the problematic paradigm between formality and informality.

Given the scale and pace of development that Rio has witnessed in the past seven years and the negligent intervention methods that have been imposed in favela territory as a result, favelados and urban actors must now consider the future state of favelas in a post-Olympic and post-exceptionist society so as to build resilient frameworks that can combat future states of shock. This will require thinking past “resilient city” narratives that tend to formulate retroactive solutions to social, environmental and economic issues in states of exception. Instead, it is urgent to refocus to conversation in order to formulate a focused dialogue that can circulate “resilient city” models, but that place a greater focus on proactive solutions to crisis by instead focusing on socio-economic, socio-environmental and socio-cultural contradictions that generate and 25 26

Williamson, 2016: Interview Williamson, 2016: Interview

Greenberg + Gotham, 2014: 3

A Right to the City 28 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Global

29 Right to the City for Whom Intervening in States of Shock

Re-democratization

Municipal - Rio

Favela Associations

Rio Favelas + Resettlement

Site Nexus

Police Pacification

Minha Casa Minha Vida

Risk of Natural Disaster Evictions

Natural Disaster Evictions (2010 Summer Downpour)

Pan American Games

Mega Event Bids (FIFA, IOC, Pan Am.)

PAC (Programa de AceleraĂ§ĂŁo do Crescimento)

Right to Adequate Housing

Right to the City

Special Zones of Social Interest (ZEIS)

Favela Bairro

1990 Municipal Law - Prohibits Favela Evictions

Land Regularization Urban Policy - Land Tenure and Adverse Posession

Federal - Brazill

Socio-political Socio-political Socio-spatial

PRE-EXCEPTION EXCE

Morar Carioca

Gentrification

Favela Tourism

Urban Fragmentation

Continued Favela and Land Speculation

Loss of Spatial Agency

Market Segregation - Evolving Class Constructs

Socio-spatial Segregation

Broken Social Ties

Reproduction of Inequality and Marginality

2016 Summer Olympics

Social Rent Dispersed via SEASDH for relocation

Auction of Public Land via CPACS (Certificates of Potential Additional Construction)

Amendments to Olympic Bid

2014 FIFA World Cup

Amendments to FIFA Bid

MaracanĂŁ Stadium Renovation

Favela Bairro

EPTION SHOCK

Figure 11: Diagram showing the progression of a state of exception to a state of root shock

A Right to the City 30 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

PART II: SITE ANALYSIS + ALTERNATIVE PROPOSALS

Figure 12: Photograph of Morro da BabilĂ´nia. Source: Alexa Jensen, 2016

SITE ANALYSIS + INTERVIEWS

Social

Political + Legal

Urban Environment

Right to the City

Economic + Fiscal Social The Right to Participate in Urban Life The Right to Public Space

Environmental + Fiscal The Right to Create Fiscal Opportunity

The Right to a Safe Environment

The Right to Access and Benefit from the Economic and Fiscal Model of the City

Urban Environmental

Political + Legal

The Right to Mobility

The Right to Urban Legal and Political Protection

The Right to Adequate Housing (Sanitation, Water, Healthcare) The Right to a Safe Urban Environment

The Right to Claim Land Tenure

E+F

P+L

The Right to Adequate Housing

Figure 13: The holistic Right to the City model comprised of political and legal, economic and fiscal, urban environmental and social aspects - I argue that each aspect of this model must be intact for individuals to begin to claim for the right to the city 33 Site Analysis + Interviews

Present in much of Brazilian Urban policy is a certain level of ambiguity due to the intermunicipal consortia’s establishment of state and municipal decentralization. Federal urban policy and laws comparable to “The Right to the City” have been materialized without a full articulation of a legal urban order, actively allowing the municipality of Rio de Janeiro to interpret these policies in ways that do not serve the general population. In analyzing five distinctly different favela territories, I will work to articulate what the right to the city means within each unique site. I have thus understood the right to the city to have four distinct implications that work together to ensure stability within this model: social implications, urban environmental implications, economic and fiscal implications, and political and legal implications. As I came in contact with these five sites of study, I began to realize that the implications within the right to the city model are materialized in a variety of ways in each of these territories; a result of the unique blend of forces operating within and outside of these spaces. The drug trade, police pacification or the absence of police pacification, government presence or the absence of government presence, internal and external organizations, neighborhood association loyalties, market interests, and of course, the residents themselves have a profound effect on the ecological operations within each of these specific territories. It is critical also to highlight my positionality in my research. As a white, female researcher from the United States with only a basic working knowledge of Portuguese, I approached each site of study as well as conversations within the site as an apparent outsider. Because of this, I worked with local translators as well as community members to begin to access resident thought.

My research is based on two site visits to Rio de Janeiro and 9 months of research in order to decipher differences within these communities; therefore, the opinions, interviews and site research are nuanced rather than ethnographic.

ROCINHA This past March I had the opportunity to spend time in Rocinha, Latin Americas largest slum. Rocinha spans an area of 877,575 m² and is home to an estimated 180,000 people according to an unofficial government estimate, but Rocinha residents know that the population is closer to 200 – 220,000.2829 Located between two of the highest income neighborhoods of Rio de Janeiro, Gávea and São Conrado, its proximity to these affluent neighborhoods highlights a deep contrast in the urban landscape of the region.30 Zezinho, a long time Rocinha resident meets me in Gávea at the bottom of the favela where we take a community van to the top. Zezinho is 53 and has lived in San Francisco and Toronto in his lifetime, but he eventually found his way back to Rocinha where he runs a DJ school and is known by almost everyone we meet – he makes sure to say that, much like his late father, he too has made a choice to never leave Rocinha. Although, while this is a choice for Zezinho, he explains that because of a lack of welfare and a faulty education system that does not prepare favela residents for University exams, many residents are not so fortunate to have been presented with the opportunities that Zezinho has. Choice is something that not many favelados are allotted given that no matter in which territory they reside favelados are surrounded by 28 29 30

Zezinho, 2016: Interview IBGE, 2010: Web CIESPI: Web

A Right to the City 34 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

pervasive and heavily-layered stigmas. Zezinho goes on to explain as we begin our journey through Rocinha, that the majority of the working class in the nicest neighborhoods in Rio are, in fact, favela residents and that because of this fact they are prone to many workplace abuses. We make a cut from a main road down an atalho – a small pedestrian alleyway. Atalhos, he describes, “are shortcuts - everyone who lives here does not have a mailbox or a recognizable address. The majority of the population living in Rocinha live in these atalhos and receive their mail in bulk somewhere else and a resident will personally deliver. Only main streets are recognized by the city government.” He goes on to say that: “Another stigma is the lack of an address people will not give you a job if you don’t have an address… even if you do have an address you don’t want to tell people that you live in the favela.” Much like favela stigmas, it is also hard to mention these communities without talking about internal drug trade operations. Given that many favela drug trade operations can account for 30-40% of total favela income, it is evident that, although many favelas are “pacified”, the traffickers continue to have a strong presence both economically and territorially in these spaces.3132 Rocinha was pacified in August of 2012 – and unlike the majority of pacified favelas which have UPP factions that patrol their territory along with neighboring territories, due to Rocinha’s size and population it requires just one UPP faction all to itself, with 750 officers in Rocinha alone.33 Although, much like many other favelas, pacification has not suppressed drug 31 32 33

Zezinho, 2016: Interview Carneiro, 2014: Web Ibid: Web

35 Site Analysis + Interviews

Figure 14: Atalho in Rocinha. Source: Alexa Jensen, 2016.

trade activity, it has only pushed drug trade to specified areas of the favela. Rocinha is the hub for the drug gang known as Amigos dos Amigos, or “Friends of Friends.” As Zezinho and I weave in and out of atalhos, we approach a street that is run by Amigos dos Amigos – we begin our ascent down their territory as he nonchalantly explains their routine operations. The leader of Amigos dos Amigos, before going to prison, would take care of the community by filling the gaps that the government was not providing Rocinha – he paid for buses to take Rocinha children to school as well as for basic improvements to the favela like upgraded water infrastructure and electricity services. While this

may not be a reality for other favela territories, it is clear that the drug trade, like many other informal business operations in the favela, is representative of the right to access and to create economic and fiscal opportunity, and thus the right to the city in many ways. As we approach the end of Amigos dos Amigos’ territory, there is a boy holding a firework who serves as the first alert for the drug traffickers sitting further up on the hill; Zezinho’s casual attitude keeps me calm, although he reminds me that if the UPP does show up unannounced we could be placed in a rather precarious situation given that both the UPP and the drug traffickers all carry war-grade weaponry. “We had a drug gang war back in 2005 that is still fresh on everyone’s minds. But on the other hand, [the perception of violence] keeps speculators at bay, so it is kind of good. The shootings now are between the drug dealers and the police – I don’t fear for myself and I never have.” As we make our way further down the hill we find ourselves at one of Rocinha’s residents’ associations, AMABB. The government recommends that any informal community with over 500 residents should form a residents’ association, and because of Rocinha’s sizeable population they have three.34 Zezinho explains that the residents’ association committee members are voted on by community members and are there to represent community interest, however, more often than not, residents’ association decisions often reflect the interests of whomever pays them – which in many cases is the government or market interests. Although some resident association loyalties may be misplaced, the resident associations also achieve great things for Rocinha. One important function of a 34

residents’ association, Zezinho goes on to explain, is the unofficial recognition of one’s home, which can be done at any resident association in any favela territory. The registration of a home with the association costs the owner a one-time fee of R$120 and is unrecognized by the state. Therefore, much like homes that neither have title nor residents’ association recognition, the owner does not owe state taxes on the property; but in the case of a potential eviction by the state, the Municipal Housing Secretariat is required to pay the owner of the home the amount they had originally paid for it as it is recorded at the association. Zezinho goes on to say that, “not everybody registers their house with the association, but it’s a good thing to do because its an insurance policy. Maybe 50% of Rocinha will register their home with the association - It allows you to have recourse.” Even fewer members of Rocinha have legal title on their home – where only two areas of Rocinha now have title deeds, Zezinho speculates that maybe only 10,000 of Rocinha’s 200,000 residents have legal land ownership. However, Zezinho reminds me that with title comes responsibility to your community, as he goes on to say that gentrification can not only be blamed on the buyer, but the seller as well.

Figure 15 (left): Rocinha Neighborhood Association, AMABB. Source: Alexa Jensen, 2016. Figure 16 (right): Advertisement and communication wall in AMABB. Source: Alexa Jensen, 2016.

Zezinho, 2016: Interview A Right to the City 36 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

With speculation coming at favelas from the outside and sellers allowing it from the inside, the only means of combating gentrification, Zezinho explains, is unification and solidarity. A prime example of Rocinha’s community cohesion comes up as we are talking about the proposed PAC 2 projects. After the government intervention program, PAC 1, had come through years prior to bring Rocinha a new apartment complex and a R$18 million Oscar Niemeyer footbridge, residents were skeptical about how the funds for PAC 2 would be distributed in their territory given the gross misappropriation of funds from the first PAC project. This time around, residents had prioritized their needs, with sanitation and garbage collection leading the list of urgencies. So in 2010 when the government approached Rocinha with a development plan for cable cars, that would effectively remove over 4,000 residents occupying areas that they had deemed “unsafe”, the community fought back with the realization that the cable cars would not only displace many families, but it would also take PAC funding from potential sewage and garbage collection systems, replace mototaxi driver jobs and add to an already large tourist population. The community banded together and protested the white elephant development plan and the government eventually backed away from the plan altogether.35 Aside from the attempted cable car development, Rocinha is far from neglected as it has seen many government projects and interventions and, given its hillside views and its proximity to Gávea, São Conrado, and the beach, this territory will undoubtedly see outside speculation and added government interventions as time goes on. While Rocinha’s neighboring favela, Vidigal, is rumored to have made way for affluent home 35

Zezinho, 2016: Interview

37 Site Analysis + Interviews

buyers and investors like Madonna and David Beckham, Zezinho explains that when homes go on the market in Vidigal signs read in English “For Sale”, not “À Venda” and residents from Vidigal are starting to complain that their neighborhood is no longer the community that it once was. While occasional violent acts have successfully kept most speculators from investing in Rocinha, government interventions that will undoubtedly serve tourist traps continue to knock on Rocinha’s proverbial door; suggesting that Rocinha might be the next favela to see “For Sale” signs popping up. In terms of the right to the city model, Rocinha unquestionably necessitates political and legal protection from outside investment as well as the proper urban environmental upgrades that, by all means, should have been apart of earlier PAC projects. However, the unified resistance of the Rocinha residents against the proposed cable car development suggests that with collective title, Rocinha might be able to reclaim these rights by cooperatively improving basic services, preserving community assets, and protecting the territory from further speculation.

Figure 17: Main Street in Rocinha. Source: Alexa Jensen, 2016.

MORRO DA PROVIDÊNCIA Owing to it’s history as the oldest known favela in Rio de Janeiro, Morro da Providência is certainly one of the most historically relevant favelas in all of Brazil. Because of its proximity to the port area of the largest slave trade in Rio, its historical significance as the birthplace of Samba, and because of Pedra do Sal’s importance as a Quilombo (a protected Afro-Brazilian settlement), Morro da Providência is now considered to be a UNESCO World Heritage site. However, because of its various appealing attributes, it has also been the site of an increasing amount of government intervention models that will undoubtedly threaten and sanitize its rich history.

Figure 18: Rocinha from Oscar Niemeyer Footbridge. Source: Alexa Jensen, 2016.

Figure 19: Business in Rocinha. Source: Alexa Jensen, 2016.

In October of 2015, myself and four other individuals from Parsons school of Design collaborated with a group of students from Pontifical Catholic University (PUC Rio) on a project that could begin to rethink port development in ways that might begin to benefit the people residing in Morro da Providência; its neighboring favela, Pedra Lisa; and their historical point of connection, the Quilombo of Pedra do Sal. Upon initial contact with the site surrounding Morro da Providência, it was clear that these neighborhoods had been left without public investment for many years, making the port area prime for a new wave of reinvestment and market displacement. So it is no surprise that , following the announcement of the 2016 Summer Olympics in 2009, many amendments were made to the original Olympic Bid proposal that actively turned the area of Porto Maravilha into “one of the most expensive and ambitious urban projects connected to the Rio 2016 Olympics.”36 With plans for high-cost and high-risk development in the port area, Morro 36

Atunes, 2013: Web

A Right to the City 38 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

da Providência and its neighboring favela were pacified a year later in 2010, effectively straining, but certainly not dismantling Comando Vermelho (The Red Command), Providência’s affiliated drug gang and the oldest known drug gang in Rio. Part of Rio de Janeiro’s original town center, three neighborhoods makeup the new development site of Porto Maravilha: Gamboa, Saúde, and Santo Cristo. In Brazil it is common practice that 33 kilometers of land from the shoreline inward remain under public ownership, however, following the Olympic Bid amendments made in 2010 regarding the port area, the public land of the port area was auctioned off via Certificates of Potential Additional Construction to Caixa Econômica Federal, Brazil’s leading federal bank. Following the R$3.5 billion purchase of public land, Caixa Econômica Federal was then able to trade land title on the market with some of the worlds richest developers and investors, where current ventures now include that of Donald Trump and IBM.37

approximately 2,000 inhabitants – more than a third of the current population of the hill.38 This particular valorization has also come with heavy associated costs; where the budget for Morar Carioca in Providência was R$163 million, the Cable Cars and associated development has cost the program over R$75 million, accounting for nearly half of the allocated budget and leaving very little for the public works that Providência “The Housing Secretary is offering R$400 a month for rent, but you can’t find properties at this price anymore. They are R$600, R$800, R$1200.” - Claudia Atunes interview with a Providência resident association leader on what the SMH offers the displaced.

Akin to the development of the port area, we also identified a particular valorization of Morro da Providência and its surrounding favelas; where in 2012 UNESCO listed it as one of their World Heritage Sites, and where the local municipality, instead of completely displacing the community for new development as was done in Vila Autódromo, chose instead to “integrate” them within the formal city territories under Morar Carioca. However, unlike the other territories that had received Morar Carioca, Providência did not undergo the program’s acclaimed participatory model. Instead the Municipal Housing Secretariat (SMH) slated 670 homes for removal without community consultation, accounting for

had been in desperate need of for some time.39 And while the cable car structural posts have taken the place of many residents’ homes, the cable car station behind Central do Brasil has replaced the street market (camelódromo), one of Providência’s main economic centers. The camelódromo caught fire in 2010 following the announcement of the Morar Carioca development plan – a fire

38 39

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39 Site Analysis + Interviews

Figure 20: Porto Maravilha and Morro da Providência Stakeholder Mapping. Source: Alexa Jensen, 2016.

Atunes, 2013: Web Johnson, 2014: Web

“This development is so far behind schedule – if it doesn’t finish by the time the Olympics are here, it will never be completed. People will have lost their homes and their heritage for an incomplete project.”

da Providência, as well as the urgency to preserve the strong cultural and community assets that are still present in Providência, it is urgent that the

- Za Correia, PUC Student that many residents believe to be arson.40 As an area abundant with the culture of Rio, Morro da Providência stands as an example of how Rio’s current state of exception has served as a catalyst for the capitalization and sanitization of Rio’s rich history. Between the rampant development-related displacement and the significant strain on two of Providência’s largest markets - the drug trade and the camelódromo - Providência has been refused their right to the city in social, economical, and political and legal ways. With an increasing amount of development occurring within Providência and the surrounding port area, there are two identifiable components that must be worked into the development plan in order for Providência’s original community to remain in their homes and reclaim their right to the city: the first is that residents must benefit from market changes in the area. So far, development has not only stonewalled residents from benefiting from port tourism, but it has also removed a key economic center for many residents to make room for the cable car station. The second is that residents must be able to come together in order to combat land speculation within their territories in order to prevent further displacement. With a certain amount of clientelism operating within the Providência neighborhood association, residents must take it upon themselves to collectivize in order to reclaim their rights regarding land tenure. Given the needs of the residents in Morro 40

Figure 21: View of Morro da Providência from Pedra Lisa. Source: Alexa Jensen, 2016.

community begin to collectivize in order to come up with alternative solutions to their land rights, their economy and their community preservation.

MORRO DA BABILÔNIA In October, our group also had the opportunity to visit Morro da Babilônia, a historic favela surrounded by the lush scenery of an environmentally protected mountainside. Tatiana, a resident architect from ArquiTraço and adjunct professor at PUC Rio meets us in Copacabana at the base of the favela of Morro da Babilônia. Tatiana and her associated architecture firm had spent time surveying the area as they had been one of 40 firms that were selected to be apart of the participatory integration of favela territory with the formal city under Morar Carioca. While there were dozens of projects that were proposed but never materialized under Morar Carioca, Babilônia has seen the completed development of three such projects in its territory before the funding for Morar Carioca was disbanded.

Atunes, 2013: Web A Right to the City 40 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Toward the top of the steeply graded hill in which Babilônia sits, the tropical forestation and the favela appear to be interwoven; it is indiscernible where one ends and the other begins. Before we enter, Tatiana gives us a brief overview of the history of the hill. Situated between two of Rio’s most popular bairros: Copacabana and Leme, the occupation of Babilônia really took off in the 1930’s when these two affluent neighborhoods were being constructed. And similar to Morro da Providência, Babilônia was also declared a World Heritage Site by UNESCO in 2012. As we enter the favela, we immediately catch a R$2 mototaxi up the first hill where we are dropped off at one of the three projects that Tatiana and her firm took part in, Morar Carioca Verde, a social housing condominium. As we approach the structure from the bottom-most set of stairs the condominium is gigantic in appearance as it uses stilts to cling to the hill, and, while it is apparently new, the aesthetic somehow fits in with the favela vernacular and its residents have clearly made it their home. This 117 apartment unit boasts solar panels, recycled material and many an accolade from “Best Practices in Local Management” to the entirety of the program winning the 2013 C40 Network of Cities “City Climate Leadership Award for “Sustainable Communities” due to the sustainable contributions of the Babilônia projects alone. We hike up between the two apartment blocks to peer through its transparent staircase as we make our way further up the hill to reach two other Morar Carioca projects: a beautifully designed park area and a paved road with recycled rubber tires. While Tatiana reflects that the participatory model could have been more robust and that the government played a heavy role in the decision-making processes her experience working in the project seem to be positive, overall. 41 Site Analysis + Interviews

Figure 22: Below Morar Carioca Verde Condominiums. Source: Conselho de Arquitetura e Urbanismo do Rio de Janeiro, 2013.

Figure 23: View Between Morar Carioca Condominiums. Source: Mariana Bomtempo, 2015.

However, aside from Morar Carioca’s sustainable appearance as well as a plethora of awards, Cerianne Roberts describes in a recent Rio on Watch article, that while the city’s “investment in solar panels and green architecture had value, it also signaled a disregard for community

priorities” given that the planning processes behind Morar Carioca were less than socially sustainable.41 In preparation for the development of the condominium, the Municipal Housing Secretariat marked over a hundred homes that were located higher on the hill for removal due to the environmental risk of a potential landslide, with residents of the marked houses having been promised relocation in the soon to be erected condominium with priorities going to the elderly and disabled. However, many residents who were marked for removal from “high risk areas” did not get resettled in 2013 when the project was completed - instead the individuals who inhabit these environmentally precarious spaces have been relatively ignored up until present day; where the threat of removal is back again, but this time their only option is to move 35-65 kilometers from Babilônia.42 Which begs the question, if the danger of a landslide were imminent in these territories, why would the government not have acted accordingly when they were marked for removal four years ago? The answer, perhaps, lies in Babilônia’s booming new markets. Along with Government investment in development, Babilônia was also one of the first favelas to receive a UPP faction in 2009. As somewhat of a pilot project in pacification, the intent behind UPP pacification, UNESCO’s preservation, and the government’s infrastructural interventions was to develop Babilônia into a model community; the poster child favela that could be explored by the curious tourist and that could show the world that Rio’s favela problem is not only under control, but is peaceful, calm, serene, sustainable and even beautiful. And it is clear that this strategy is working as planned 41 42

Roberts, 2016: Web Ibid, 2016: Web

- among those who have personally visited Babilônia following these developments are New

Figure 24: Speaking with a woman working to renovate her favela home into a restaurant and airbnb in time for the Olympics. Source: Alexa Jensen, 2016.

York Mayor Michael Bloomberg and Harrison Ford and his family. After having passed numerous tourist-friendly hostels and gastro pubs, and meeting a very pleasant French woman working to renovate a home in the favela into a restaurant and airbnb for the Olympic games, it is easy to see the appeal of Babilônia as a tourist destination; although, it also becomes increasingly clear that the intent behind the poster child favela will be detrimental to the current population of Babilônia that wishes to stay or that cannot afford to leave. We continue to climb the unforgiving hill of Babilônia, and as we reach our last set of stairs we encounter a sleekly-designed modern museum, a stark and definite contrast amongst the shanty favela brick and mortar typology. Panting as we make our way up the final flight of stairs, we are invited into the public museum for a much needed glass of water. The interior of the museum is a mixture of marble, slick concrete and beautiful wood décor, and the current exhibition is ironically entitled “favela

A Right to the City 42 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

life” – a look inside what it’s really like to live in a favela – the photos showcasing bedrooms, bathrooms and kitchens of people’s homes and lives inside Morro da Babilônia and other favelas in Rio. While this space is open to the public, its current display suggests that this public museum is not for the favela resident who already knows their life enough to not have to visit a museum to comprehend their struggles, but is actually for the Harrison Ford’s and the Michael Bloomberg’s of the world – philanthropically exploring sanitized bits of the favela to peer into the lives and relics of the urban poor of the third world. This museum, and particularly the “favela life” display, suggests, to me, the often commingled differences between that of charity and that of social justice as well as highlighting an already present feeling within Babilônia, that of compounding gentrification, as this exhibition makes explicitly clear that authentic favela life is anticipated to become merely a memory written in a photograph. As the Olympics approach, many tourists will plan to stay in Morro da Babilônia and will be able to experience its prescribed and contrived tourist-friendly spaces which will undoubtedly lead to a subsequent wave of speculation, or otherwise tourism, throughout the area. When thinking of the future of Babilônia in terms of the right to the city model there is almost no question that, while residents have received many public and infrastructural works that are current improvements in their daily lives, Babilônia residents will, indeed, require political and legal protection from land speculation in the coming years as this territory gains in popularity and notoriety. In order to begin to protect these spaces from market displacement as well as to preserve the apparent abundance of Babilônia’s community assets, residents of Babilônia must begin to organize around the issue of gentrification, 43 Site Analysis + Interviews

Figure 25: Morro da Babilônia public museum seen on the left, a sharp contrast to the favela vernacular. Source: Alexa Jensen, 2016.

Figure 26: Inside Morro da Babilônia’s public museum where the current exhibition is “Favela Life”. Source: Alexa Jensen, 2016.

Figure 27: Construction. Source: Alexa Jensen, 2016.

Figure 28: View of Morro da Babilônia. Source: Alexa Jensen, 2016.

community preservation, and internal community improvement to begin to see the changes in the community that are most needed for the current population and to begin to prevent dramatic hikes in the cost of living.

first thing tourists see upon arrival to Rio; perhaps this is why there is a 10’ high wall concealing the favela from the freeway - but sure enough, if you look out your window on your drive from the airport to the city center you will see life in Maré peeking through the governmental barrier as though it were a stop-motion film. While I had heard many things about Maré, and had seen the freeway stop-motion three times already, it wasn’t until my second visit to Rio that I was able to explore this territory during an interview with several individuals from Observatório de Favelas and Redes, two sister organizations working within this territory.

COMPLEXO DA MARÉ If stigma is an enigmatic burden that plagues all favelados and their corresponding territories, it would seem that no such stigma is quite as strong as the one associated with Complexo da Maré. I had heard stories of Maré even before I had thought to visit Maré; but while this particular cultural imaginary certainly played out within the city, it was also permeated globally, where any internet image search of ‘Complexo da Maré’ would generate grisly images of guns and blood, but reveal almost nothing of daily life. A complex of 16 favelas with over 140,000 residents total and about 6,000 – 8,000 residents per favela, Complexo da Maré is situated in the North Zone of Rio and directly across the Guanabara bay from Rio Galeão, the main international and domestic airport of Rio.43 Because of its proximity to the freeway and the airport, Maré is indisputably the 43

Figure 29: Views of the 10’ wall blocking Maré from the main arterial freeway that runs from the airport to the city center. Source: Google Maps, 2014.

My first stop in Maré is Observatório de Favelas, an interdisciplinary organization that works closely with urban policy and the concept of the right to the city from within the complex of favelas. Where Observatório and Redes have

Jaílson, 2016: Interview A Right to the City 44 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

identified stigma as one of the most pressing issues affecting Maré, both organizations work on a multitude of levels to both physically and symbolically de-stigmatize these territories. Here, my translator, Luiza, and I speak with Jaílson, cofounder of Observatório and Redes with his wife Illiana; and Lino, a resident architect and urbanist with Observatório. Both Jaílson and his wife have a deep bond with Maré that traces back over 30 years; as long-time residents of Maré, Jaílson and Illiana simultaneously raised their family there while working to breach the heavy stigmas attached to Maré in order to become intellectuals and to found their nationally recognized organizations. Redes was founded 20 years ago after the re-democratization, and Observatório

Figure 30: Mural of Maré at Observatório de Favelas Source: Alexa Jensen, 2016.

followed five years later. While Redes has kept its operations local, Observatório has now become multi-scalar, working across Brazil and with all levels of government to achieve structural and political change within multiple favela territories. During the time that Redes was founded in Maré, the 16 favelas that made up Complexo da Maré were fragmented territories operating 45 Site Analysis + Interviews

autonomously; so the first project out of Redes was to create a working relationship between these territories by beginning to organize civil society and local leaders around very basic public works that needed to be addressed: garbage collection, street naming, house numbers and street painting. These basic public works, as Jaílson and Lino explain to us, were symbolic acts that addressed the stigma indirectly. These initial acts also led to projects that were incorporated at a city level; prior to 2010, Rio’s 1,000 favelas could not be seen on maps as anything other than green-space, and while they are mapping them today, these territories are now depicted as ambiguous polygonal shapes with few government-recognized roads. Believing this to be problematic and seeing this as a symbolic barrier that only adds to a negative cultural memory of favelas, Observatório’s next project was to make a government official map of the territory. Their objectives for this project were twofold; first, they wanted to erase the ambiguity that surrounds favela territory by having a recognizable space on official city maps for the outside city to see; and secondly, they wanted residents of Maré to be able to receive mail – receiving a letter, Lino adds, “is an important part of a favelado’s identity – people are proud to receive mail.” The main urban question for both Observatório and Redes is how they can begin to change the city with their organized actions – how they can rethink the city of Rio de Janeiro from within Maré. Following our interview, Lino takes us on a walk through Maré. Contrary to the organic street layout of much of the complex, the portion that we walk through is called Nova Holanda or “New Holland” and is laid out on a strictly orthogonal grid. We walk through what is certainly considered to be an economic center in

“It’s not how to deal with the favela, it’s how to deal with the city as a whole… we already know how it is inside the favela. We also know how the favela is integrated with the city and how it is not - both in our cultural imaginaries and in a physical way… People believe that we live in a divided city; the favela has a symbolic wall that divides us from the formal city – the violent favela, the dangerous favela, the favela full of criminals… we work from a different point of view – the favela is the city and the city is the favela. We cannot work with the concept that this is a divided city – we will get nowhere if we continue to think of the city as divided. People who live outside believe in these cultural imaginaries and are afraid to go out, and people inside the favela don’t feel like they are part of the city.” - Lino

New Holland; the street is alive with pedestrians and booming with businesses. Lino discloses to us that in 2014, over 1,000 armed security forces stormed Maré in tanks in an attempt to pacify this territory, however, their efforts to pacify were matchless against Terceiro Comando Puro (Pure Third Command), Maré’s affiliated drug gang.44 That was the first and only attempt to pacify Maré; the only notable government intervention thereafter was the construction of the 10’ wall; suggesting that if they could not control this territory that they would, instead, conceal it from the outside world. While drug trade in pacified favelas is typically a hushed operation, carried out only in certain spaces; as Lino leads Luiza and I through the territory of Maré we observe that the drug trade is happening at a large, weathered card table out in the open, with a line stretching the length of a city block to reach the dealer. He asks that we try to not look too closely at their operation as he goes on to explain to us that the drug trade in Maré accounts for at least 33% of the internal economy. 44

As we round the corner on our walk we find ourselves at Redes where a class on University testing is currently in session so we quietly make our way upstairs to Redes’ resident library. At Redes and Observatório residents can learn English, study for public University qualification exams; take art, video and audio classes; and also learn what to do in the case of police brutality. Because Complexo da Maré is relatively neglected by the government, education and educational infrastructure are left to internal organizations and the residents themselves to create and maintain spaces where group learning can take place. Given the incognizance of the state and the municipality in terms of social services and public works as well as the pervasive stigma that plagues this territory, it is apparent that there is an imbalance within the social, economic, and urban environmental aspects of Maré’s right to the city model. Thus, Much of Observatório and Rede’s work highlights the conviviality of these internal spaces in order to address stigma and to restore order to the right to the city. While, perhaps some of the stories behind the stigma of Maré are true, certainly not enough is known about Maré citywide; and what is known is generally unfavorable – given this fact, it would seem that the absence of the state is a consequence of this stigma and that in order for Maré residents to be able to claim for the right to the city, stigmatic narratives must first be addressed. However, where Maré is decidedly less dependent on government intervention, the presence of their internal organizations that work at a political as well as a local level, provides residents of Maré with political will and agency to complete projects that otherwise would be left uncompleted by government official projects. To

Lino, 2016: Interview A Right to the City 46 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

me, this suggests that internal organization that is not reliant upon municipal intervention is stronger, more actively mobilized, and tends to work more with internal community interest projects rather than projects that provide maximum visibility.

VILA AUTÓDROMO In one currently unfolding example of massdisplacement and forced evictions is the favela of Vila Autódromo, an informal settlement located in Rio de Janeiro’s booming West Zone, which wraps around one corner of the main Olympic Village that is presently under rapid construction. Originally settled by local fishermen in the 1960’s at a time when the West Zone was relatively undeveloped and given its name after the formula one racetrack that was situated where the Olympic Park now sits, the favela of Vila Autódromo was once home to over 3,000 residents.45 In March of 2016 I had the opportunity to spend the day in Vila Autódromo, just one week after the destruction of their residents’ association, an undoubtedly symbolic act on behalf of the Prefeitura. With the backdrop of a beautiful lagoon and lush, tropical mountainsides, it is easy to see why Vila Autódromo is considered to be prime real estate. However, despite the foreground of rubble where resident’s homes had once stood, there was a celebration happening that day – Raquel Rolnik was giving a talk about her new book, which would connect the struggles of Vila Autódromo with other acts of displacement worldwide due to a current trend in the liberalization of Urban Policy and implementation of neoliberal doctrine. Vila Autódromo is considered to be one of the most peaceful favelas in Rio - it was built, taken care of and fought for by its long-time 45

Vale + Grey, 2013: Web

47 Site Analysis + Interviews

residents as well as being one of few favelas that did not witness drug trade on its land during the years of the dictatorship. However, despite its peaceful status among other favelas and barrios and despite the actions of residents to improve roads, create school systems and formulate internal economies to keep the neighborhood healthy and harmonious, the municipality of Rio de Janeiro considered this settlement to be “blighted” and in need of removal. So it was in 2009, following the city’s announcement to host the Olympics, that the original Olympic bid proposal clearly showed that the lower half of Vila Autódromo would be displaced for the development of an inter-park transport area (see Figure 31). In response to the 2009 plans, residents quickly banded together to form Plano

Figure 31: Map of Olympic development site cutting through the lower half of Vila Autódromo. Source: Lawrence Vale + Annemarie Grey, 2013.

Popular – a popular plan developed participatorily by Vila Autódromo residents, urbanists and academics that would coincide with the Olympic development plans, but that would allow many of the soon to be displaced to be able to stay in their homes.

Not only did the Prefeitura ignore the existence of Plano Popular, but in 2010, officials stated that the residents of the favela, now situated on prime real estate, would have to be relocated to accommodate the widening of a main arterial road immediately west of the favela that would lead to the Olympic Village. This plan later developed into what is now known as TransOlímpica, a 26-kilometer bus rapid transit (BRT) line that would connect competition venues and now cut directly through Vila Autódromo, relocating and displacing ever more residents, leaving them at odds with individuals who are better funded and have stronger political connections.46 While the TransOlímpica BRT development is no longer in effect, evictions and displacements are still rampant. Where Vila Autódromo was once home to over 720 families living in the informal settlements that scattered the site, today, the sites of interest are nearly evacuated, with construction efforts and aggressive policing having displaced almost 250 families with some 20 families still occupying the area, fighting to keep their homes.47 The fate of the remaining residents of Vila Autódromo is yet to be determined as the Olympic games approach in a few months’ time; and while the remaining residents have been successful in winning a few legal battles against the Rio Olympic Committee, a good majority of the favela has been resettled and has changed indefinitely. As one of the most egregious and extreme examples of violent displacement associated with the Rio 2016 Olympics, the discernible conditions of the right to the city model that were absent in the case of Vila Autódromo clearly include social, political and 46 47

legal aspects. While Vila Autódromo’s unified resistance as well as a constant presence of media and academic attention has placed the struggle of these residents in the global eye and has heeded resettlement results that were generally favorable, Vila Autódromo unquestionably represents a global struggle against displacement and human

Figure 32: Tagging as a form of resistance in Vila Autódromo. Source: Alexa Jensen, 2016.

Figure 33: View of the homes and structures that are left in Vila Autódromo. Source: Alexa Jensen, 2016.

rights violations both within and outside of states of exception – a glaring example of the powerful political will behind mega events.

Vale + Grey, 2013: Web Site Visit, 2016: Interviews A Right to the City 48 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

AGGREGATE ANALYSIS

MARÉ

Population 6,000 Complex Population 140,000

MORRO DA PROVIDÊNCIA

MORRO DA BABILÔNIA

Population 5,000

VILA AUTÓDROMO

VILA AUTÓDROMO Population 40

ROCINHA

These five sites represent my sites of study. Shown in blue are my chosen sites of intervention. LEGEND

MORRO DA BABILÔNIA Population 3,000

ROCINHA

Population 180,000

Sites of Intervention

Figure 34 (page 49): Map of Rio de Janeiro spatializing the five sites of study, with the sites of intervention shown in blue. Figure 35 (page 50): Codification of the five study sites in terms of state, municipal and market presence, internal characteristics, external characteristics, right to the city, and needs. 49 Aggregate Analysis

· · · · ·

Destigmatization Education Garbage removal Healthcare Sewage treatment

P+L

E+F

· Need to benefit from market changes in the area · Destigmatization · Education · Land security and housing protection

P+L

E+F

· · · ·

Education Destigmatization The right to stay Land security and housing protection

P+L

· Observatorio de Favelas and Redes operating in the area · Drug gang territory operates freely · 16 Neighborhood associations · Informal real estate operation · Topography - flat

· Drug gang territory does not operate freely · 1 Neighborhood association · Informal real estate operation · Topography - hills · Rio de Janeiroʼs oldest favela

· Drug gang territory does not operate freely · 1 Neighborhood association · Topography - hills

· Viva a Vila Autódromo · Not drug gang territory · 1 Neighborhood association · Topography - flat

· Wall around Complexo · 2014 Unsucessful Pacification Attempt

· SMH Evictions · UPP · Morar Carioca Cable Cars · Market Fire · Porto Maravilha Development

· Public Gallery Space · UPP · Morar Carioca Social Housing

· Evictions · Removal of Resident Association · Demolishing Homes · Olympic Park Development

State/Municipal and Market Presence

· Borders: the airport · Heavily stigmatized as a violent community

· Porto Maravilha development · Tourism · Land Speculation · Borders: Porto Maravilha and the Pedra Lisa

· UNESCO World Heritage Site · Tourism · Land Speculation · Borders: Leme and Copacabana

· Need to benefit from market changes in the area · Destigmatization · Education · Land security and housing protection · Garbage removal · Sewage treatment

P+L

External Characteristics

· Need to benefit from market changes in the area · Destigmatization · Education · Land security and housing protection

ROCINHA

VILA AUTÓDROMO

MORRO DA BABILÔNIA

MORRO DA PROVIDÊNCIA

Internal Characteristics

Right to the City

Needs

MARÉ

E+F

· Olympic Park development · Land Speculation · Borders: Barra da Tijuca and the Olympic Park

· Tourism · Land Speculation · Stigmatized as a violent community · Borders: São Conrado and Gávea

· Bento Rubãio and church · Drug gang territory does not operate freely · 3 Neighborhood associations · Informal real estate operation · Topography: hills · Tourism

· · · ·

Oscar Niemeyer Bridge UPP PAC 1 Housing Project Unsucessful Cable Car Plan

A Right to the City 50 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

While it is clear that the right to the city is variegated across the landscape of the five distinct favelas in my study, there is a singular aspect that strains the right to the city model and that transcends all territories; that of a pervasive stigma. It is increasingly evident that this heavily entrenched social stigmatization permeates all levels of the Right to the City model as it is used as a catalyst for the liberalization of federal urban policy, the sanitization and capitalization of the culture inherent in favelas as well as the implementation of negligent intervention models; effectively leading to an imbalance in social, political and legal, urban environmental and economic and fiscal aspects of the right to the city. To address pervasive stigmas that permeate favelados’ everyday lives presents itself as a daunting task with seemingly unmeasurable

developed in the wake of the 2014 World Cup and the 2016 Summer Olympics. For five consecutive years Theresa and her team have conducted global perceptions surveys in cities of 2 million or more on citizen perception of favelas and favela residents with this year being their final, and thus, their most important survey yet. They are working to expose whether or not Olympic media coverage of favela territories is re-framing negative perceptions of favelas and improving their overall global image. What they have found thus far is that the perception of favelas is, in fact, changing in a positive manor. Myself, as well as five other teammates took part in the global perception survey this April and will take part in the final survey in September as a follow up to the Olympic media coverage that will be taking place throughout August. Their assumption is that the

I hypothesize that it is necessary to address stigma indirectly by working to create a balance in the right to the city model. Because the right to the city is variant across these spaces this will require territorial focus and contextual relevance, as both residents and their corresponding neighborhoods require social, urban environmental, economic and fiscal and political and legal protections to varying degrees and specificities outcomes. However, as stigma is seen to relate to not only the social aspects of daily life for favelados, but to the active mobilizations of state and municipal power as they relate to policymaking, policy implementation, and urban development – there would appear to be several measurable outcomes relating to social stigma over time. Theresa Williamson from Catalytic communities works to address these heavily entrenched stigmas through a global media outreach platform called Rio on Watch, which includes stories of favela life as well as media coverage of the human rights abuses that have 51 Aggregate Analysis

negative global perceptions that were held almost a decade ago following the announcement of the World Cup and Olympic Games was the impetus behind the city’s rampant eviction, development and gentrification agendas in these territories. Catalytic Communities along with Rio on Watch has since been working to alter these perceptions by actively rewriting what it means to be informal in global media journals; by, instead, viewing informal spaces as spaces of productivity that are essential to Rio’s city logic. While global media outreach works to address stigma in a direct way, I hypothesize that it is also necessary to address stigma indirectly by

Me: What does the Right to the City mean to you? Zezinho: The Right to the City means that everyone should have a right to go wherever they want – there should be a sense of belonging in the city. Everybody should have a right to the city, but with that, as a human being, comes responsibility. It is a respect of who you are as a human being and who you are in the city. working to create a balance in the Right to the City Model. Because the right to the city is variant across these spaces this will require territorial focus and contextual relevance, as both residents and their corresponding neighborhoods require social, environmental, economic and fiscal, and political and legal protections to varying degrees and specificities. What I have observed of the right to the city model is that, socially this model is imbalanced due to an overwhelming stigma; politically and legally, many of these spaces require protection from eviction and gentrification narratives as well as a working knowledge of their rights in order to effectively critique the current conditions; urban environmentally many of these territories require upgrades to, or the creation of, basic public works and spaces; and economically and fiscally residents need to be able to protect their ability to create informal fiscal opportunities for themselves as well as to transcend social stigmas to be able to be apart of the formal city markets. In summation, economic and fiscal, political and legal and urban environmental barriers are transcendent of pervasive and layered social stigmas to varying degrees.

well as the preservation of community assets is imperative in the well-being and persistence of these territories, particularly in Rocinha, Morro da Providência and Morro da Babilônia. Therefore, I hypothesize that addressing the stigma from the intangible social side as well as tangibly from the economic and fiscal, political and legal and urban environmental side will heed results that could be detrimental to the longevity of Rio de Janeiro’s favela territories. While the social implications are the least tangible aspects of the right to the city model, I hypothesize that it is imperative to address the three alternative aspects of this model in order to identify holistic improvements.

While stigma is an ever-present undertone, the need for community organization and mobilization as a means of addressing market displacement, capitalization of culture, tourism, land speculation, economic disparities, the pressing need for public and social works, as A Right to the City 52 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

COLETIVO FAVELA

A Comprehensive Land Rights Tool Understanding that each of the diverse and complimentary components of the Right to the City model are critical in moving forward with design implementation, for the purposes of this project I have chosen intervene in the political and legal aspect of the Right to the City as it relates to land rights and land tenure. For this reason, I learn from the holistic right to the city model as it relates to the five sites of study, however, I intervene in three of the five sites that I have identified as showing the most need for political and legal protection against gentrification and eviction; Morro da Providência, Morro da Babilônia and Rocinha. This intervention consists of a land rights instrument, Coletivo Favela, that will both translate and adapt federal urban policy to begin to aid in the legal and political agency of favelados. With this, favela residents may be

of co-existence and co-production, and by enabling “action in conjunction.”48 By this, I mean that the elements and resources present within this tool should serve to both catalyze collective change and to provide residents with the political and educational agency to begin shape their territories to their wants, needs and desires; thus enabling action in conjunction by claiming for their right to the city. In this land rights initiative, I work to uncover the ways in which existing urban policy may be translated spatially and visually in order to build the capacities of favela residents. Specifically, I work to expose the ways in which favela residents may be able to make more informed decisions about claiming a right to the city both within and outside of states of exception. While I have

...The elements and resources present within this tool should serve to both catalyze collective change and provide residents with the political and educational agency to begin shape their territories to their wants, needs and desires; thus enabling action in conjunction by claiming for the right to the city. able to effectively critique the current conditions created by the municipality’s liberalization of federal urban policy in order to reclaim their right to the city in a post-Olympic environment by making more informed decisions about their land tenure and land rights. Coletivo Favela will feature three distinct components that combine to create a comprehensive body of knowledge and resources for favela residents: Education, Legalization, and Collectivization. For Coletivo Favela to be successfully employed, the task of design within this project will be to both “encourage and support the discourse and practice of the social production of places of “cooperation” by organizing conditions 53 Coletivo Favela A Comprehensive Land Rights Tool

chosen to intervene within the political and legal component of the right to the city model as it relates to land rights and land tenure, I propose that this tool can also begin to permeate other aspects of the right to the city as well. Because this tool features an educational component, a legalization component and a collectivization component; I believe that the collective actions and education surrounding federal urban policy will eventually lead to improvements in the immediate urban environments of residents, the economic and fiscal prosperity of residents, as well as inadvertently fragment the entrenched stigmas attached to favelados. Thusly, this land rights 48

Mouffe 2005: 8, 9; Mitrašinović 2016: 183

Figure 36: This diagram represents Coletivo Favela’s three main features: Education, Collectivization, and Legalization. “Coletivo Favela” is the name of the land rights tool, which translates to “Favela Collective”. The vision behind Coletivo Favela is “Reconhecer! Legalizar! Integrar!” which translates to “Recognize! Legalize! Integrate!” A Right to the City 54 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

instrument works to create a resilient network of institutions, organizations and knowledge surrounding land rights and land tenure that can effectively build the capacities of favela residents.

EDUCATE The education component is elemental in the land rights tool - this component exists to educate residents on several topics regarding land tenure and land rights: existing federal urban policy regarding land rights, state sanctioned violations of human and land rights due to mega-events, market displacement, and existing resources that can help residents claim for and attain their rights. The first component of the educational piece features a pedagogical approach to existing Brazilian federal urban policy regarding land rights. Where oftentimes there exists intentional and unintentional separations between the language of governmental decree and what the average citizen can comprehend; this portion of the interface works to bring the language of federal urban policy and law to the favela. This educational feature works to break down land rights laws passed in the 1988 Federal Constitution and the 2001 City Statute regarding regularization, adverse possession (Usucapião Urbano), the Right to the City, and the Right to Adequate Housing. The following component of the educational portion involves creating an awareness of present day human rights violations as they relate to land rights and evictions. This portion of the tool networks residents with Comitê Popular and Theresa Williamson of Catalytic Communities (CatComm). CatComm delivers anti-gentrification and anti-eviction workshops in order to bring issues of displacement and eviction to light in the favela in ways that initiate 55 Coletivo Favela A Comprehensive Land Rights Tool

action. This portion will also direct residents to the Dossier of Olympic Evictions, Megaeventos e Violações dos Direitos Humanos no Rio de Janeiro - put together by, Comitê Popular to highlight evictions and gentrification caused by the 2014 World Cup and the 2016 Summer Olympics. Highlighted in much of my research as well as in my site visits was also the need for communities to be educated on market displacement, thus, one essential component of the educational piece is a pedagogical approach to market displacement. Gentrification is a relatively new term in Rio de Janeiro, however, gentrification is an increasingly present systemic issue in these territories and it is crucial for residents to begin to comprehend the negative ramifications of development that does not serve community interests. I have organized this portion to include tactile pamphlets with illustrated stepby-step explanations of gentrification and its potential negative impacts as well as communityspecific maps of the impacts of development on land-value per neighborhood. I have chosen to materialize this portion of the tool as downloadable and distributable pamphlets specific to the three favelas I have chosen to intervene in for two reasons: in order to for it to be shared and dispersed throughout these communities, as well as to serve as a potential catalyst for organization and collectivization. The desired outcome of the educational portion of the land rights tool would be twofold: to provide a base knowledge for favela residents and organizational actors to pursue the most fitting options for land rights in specific territories, and to provide political agency to favela residents and organizational actors in order for them to effectively critique their community’s current conditions.

Figure 37: Snapshots of the online “Education” portion of the land rights tool.

Figure 38: The “Gentrification and Your Community” handout targets three different neighborhoods: Morro da Providencia (top, cover), Morro da Babilonia (middle, cover), and Rocinha (bottom, cover).

A Right to the City 56 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Figure 39: “Gentrification and Your Community” handout. This handout is downloadable and printable from the online portion of the land rights tool. Folded, this handout is 4.5”x6” and is thus easily distributable. Because organizing around land rights is essential in combating land speculation in favela territory, it is essential to begin to organize around a community specific issues. With gentrification being a relatively new concept in Rio de Janeiro, the handout provides the base knowledge for residents to be able to both understand and critique the phenomenon, and could potentially catalyze organization.

57 Coletivo Favela A Comprehensive Land Rights Tool

Figure 40: “Gentrification and Your Community” handout for Morro da Providência (back). Unfolded, this map is 12”x18”. The map depicts rent increase per neighborhood from 2010 - present day as it correlates with Olympic Development.

A Right to the City 58 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Figure 41: Back of â&#x20AC;&#x153;Gentrification and Your Communityâ&#x20AC;? handout for Morro da Babilonia (top), and for Rocinha (bottom. 59 Coletivo Favela A Comprehensive Land Rights Tool

LEGALIZE Given the existence of a legal urban order that highlights the social function of property via land rights and regularization, this component of the tool features individual land title as an option to be utilized in certain instances, as well as featuring a critique on regularization which emphasizes that individual title is also paradoxical as it can contribute to already existing land speculation. If a favela resident is to regularize, the tool adequately explains the step by step process of regularization through the Municipal Housing Secretariat (SMH) or through ITERJ (Instituto de Terras e Cartografia do Estado do Rio de Janeiro), under which circumstances one might want to regularize, and it also explains the implications implicit in regularization such as the cognizance of the state and the value implicitly attached to land following regularization that can serve as a catalyst for the production of space. Given the favelas roots in filling the gaps that state and municipal welfare have not provided, many view the favela as the city’s affordable housing stock; where “without any alternative housing policy, Rio’s favela population increased by more than 27% between 2000 and 2010–in the city as

Figure 43: Snapshots of the online “Legalization” portion of the land rights tool. Figure 42: Comprehensive checklist that can help residents looking to regularize their land., individually or collectively. A Right to the City 60 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

a whole, the population increase was 7.4%.”49 This fact was made explicitly clear throughout my research as well as in my site visits and, thus, in order to keep land speculation at bay in the case of regularization and formalization, the tool also highlights the need for community building in the case of individual regularization. While much of my research has highlighted the influence of informality in governmental planning practice and policy implementation, Collin Mcfarlane posits that this does not mean we should replace the binary view of informality and formality, “instead the two should be seen as inextricably related but distinct practices.”50 Thus, it is stated within the tool that the formalization of property and land is beneficial only in particular instances as it has the ability to blur the boundaries of formality and informality, by placing a weighted preference on formalization which can, in turn, be detrimental to neighborhood ecology. However, because this is a comprehensive land rights tool, regularization education and processes must also be listed. Unofficial Recognition is also highlighted under processes of legalization within the land rights tool. Unofficial recognition is completed through the favela’s local residents’ association following the purchase of a property. The resident association will record the transfer of property ownership as well as the amount that the property was purchased for. Similar to land regularization, unofficial recognition processes provide political and legal recourse to property owners. In the instance of government-sanctioned eviction, the resident will receive the amount they had paid for the property as it is recorded at the residents’ association; if the sale of the property is not recorded, however, the resident is subject to government offers or manipulations. While the 49 50

Atunes, 2013: Web Mcfarlane, 2012: 103

61 Coletivo Favela A Comprehensive Land Rights Tool

process of buying and selling property within the favela is relatively easy, the process of unofficial recognition is equally as simple; however, few residents choose to take even this step, leaving them at odds with government officials and developers who have infinitely more resources, are more informed of the law, and are better funded. Given this reality, many favelados left in such a precarious position will often accept offers that are far below market-rate compensation for survival outside of the favela. Along with featuring individual regularization processes, the implications of regularization, and the alternate forms of land recognition, this portion of the tool also features an interactive urban map of public and private land occupancy. If residents are wishing to gain individual or collective title, the type of land a resident occupies will determine which type of title they will receive - if the resident occupies public land they can receive leasehold title, and if the resident occupies private land they are entitled to adverse possession (Usucapião Urbano), or freehold title. This map is a critical component as it serves a purpose for individual legalization, collective title and education about land and land rights. It is critical to highlight that this portion of the tool also serves as an educational instrument by highlighting the processes of regularization and the relations implicit between regularization and gentrification. Because individual title can serve as a catalyst for market displacement, this portion of the tool points to collective title as the more beneficial option in combating land speculation and community displacement.

COLLECTIVIZE While many favela territories have witnessed sweeping movements of regularization narratives and while some of Rio’s favela residents will attract benefits from this model, regularization holds within it a land rights paradox as it is also a model which gives gentrification its coherence within favela territory. According to Jake Cummings, regularization may subject these communities, “to the unbridled forces of the market [as it can] transform them into yet another urban territory affordable only to the middle and upper classes, particularly in the hillside neighborhoods nestled in Rio’s elite South Zone.” Within the current state of exception, the land and housing market in Rio de Janeiro has seen an unprecedented trend of middle class and upper class land investment – where Rio was cited in a recent study showing that the cost of living between 2009 and 2015 had increased more than any other city worldwide. Where favela territory functions as a form of affordable housing stock for Rio de Janeiro and other parts of Brazil, recognition of the state and the market as a result of regularization could potentially lead to the same market players investing in favelas and, thus, the removal of affordable housing stock in these instances. Theresa Williamson of Catalytic Communities contends that one way of combating this type of speculation is through collective titling – she states that collective title, “makes it possible for residents to benefit from the security of land title, without the risk of the real estate market disrupting the affordable housing market with its collective qualities as embodied by the favelas.” Therefore, the leading component of the land rights tool is that it serves as a platform for favela residents to become informed about the benefits

Figure 44: Snapshots of the online “Collectivization” portion of the land rights tool.

A Right to the City 62 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

COMUNI-

Um Guia Abrangente

Sobre Como Adquirir Direitos de Uso e Ocupação do Solo

Sumário

01 Gentrificação e a sua comunidade

p. 2

02 Por que um título de propriedade coletiva?

p. 6

O que é gentrificação?

03 Como é o processo?

p. 10

04 O que acontece depois?

p. 16

05 Instrumentos e recursos de apoio

p. 20

Organizando escritura coletiva

Conquistando escritura coletiva

Gentrificação e a sua comunidade

O que é gentrificação? Quando gentrificação ocorre, é comum o caráter de uma vizinhança ou comunidade ser alterado. Novas construções são iniciadas e frequentemente substituem bens antes valorizados pela vizinhança. Por fim, novos residentes se mudam para a região, hotéis e restaurantes passam a atrair turistas e estrangeiros.

Gentrificação ocorre quando o valor de terra de uma região aumenta, despejando populações nativas e residentes de baixa renda. Gentrificação é normalmente causada devido à concentração de investimento privado em uma determinada área ou vizinhança, e portanto não é motivada por interesses públicos. Devido à Copa do Mundo 2014 e às Olimpíadas 2016, muitas favelas e seus arredores enfrentam empreendimentos similares. Quando gentrificação ocorre, o aumento do valor de propriedade se torna tão elevado que o restante dos residentes locais não podem custear, forçando-os a se mudarem de suas próprias comunidades.

O aumento de interesse sobre a terra e o aumento de valor de terra associado a investimento e desenvolvimento privados pode influenciar diversos residentes a vender suas casas e sua terra para investidores, por cifras inferiores ao real valor da propriedade. Em uma situação de gentrificação, investidores utilizam a terra de forma inadequada às reais necessidades da população local ou vendem a propriedade por valor de mercado ou superior, gentrificando ainda mais a vizinhança.

Por que um título de propriedade coletiva?

Novos empreendimentos são sempre ruins? Não. Novos investimentos e empreendimentos nem sempre causam gentrificação. Se membros da comunidade podem usufruir das mudanças de mercado na área, novos investimentos trazem oportunidades positivas. Entretanto, se uma comunidade não age rapidamente para combater gentrificação, as consequências podem ser muito prejudiciais para seus membros.

63 Coletivo Favela A Comprehensive Land Rights Tool

Por que um título de propriedade coletiva?

Consórcio Comunitário Potencial Residente

Vendedor

Comprando

Potencial Residente

Consórcio Comunitário

Venda

Como posso adquirir uma propriedade em consórcios comunitários? O potencial residente deve pagar o direito de propriedade de sua casa à vista ou em parcelas. Anualmente, ele também deve pagar uma taxa de administração anual ao consórcio comunitário, que é responsável por garantir o acesso da comunidade à infraestrutura urbana e a serviços públicos, bem como gerenciar e proteger bens da comunidade. Residentes podem vender suas propriedades a novos moradores, desde que respeitem os limites de preço de revenda aprovados pelo consórcio.

Terras Públicas

Terras Privadas

Como é o processo?

Como funciona um título de propriedade coletiva?

Como é possível vender propriedades em consórcios comunitários?

Se residentes ocuparem terras públicas ou privadas por um determinado tempo, eles podem adquirir direitos de posse ou arrendamento dessa terra (usucapião). Um grupo de residentes pode formar um consórcio e adquirir títulos de posse ou arrendamento de forma coletiva. No modelo de título de propriedade coletiva, residentes têm o direito de propriedade de sua casa, porém o terreno continua sendo de propriedade do consórcio comunitário.

O principal objetivo de tal modelo de consórcio é garantir que o valor de propriedade não varie de acordo com o mercado. Isso reduz o risco de especulação imobiliária e garante que novos residentes paguem preços justos e acessíveis. Novos residentes devem concordar com os mesmos requisitos caso decidam revender suas casas em ocasiões futuras.

Formar um Comitê de Recursos - Organizações

Como é o processo? Organizando Escritura Coletiva Organizar Organize sua comunizade para criar interesse em medidas contra desalojamento e gentrificação como titulação. Isso pode ser um processo com vários passos e deve ser feito para alcançar as necessidades específicas da sua comunidade. Se ainda não há organização a respeito desses assuntos na sua vizinhança, um ótimo jeito de começar é sediar um workshop educacional a respeito dos efeitos da gentrificação na sua comunidade - isso pode servir como um catalizadorde futuros esforços organizacionais e pode eventualmente levar a comunidade a se decidir pelo título coletivo. Se a comunidade decide ou não eventualmente obter um título coletivo, contanto, é um consenso coletivo. Não importa o resultado, organização e união são essenciais para combater a gentrificação.

Mapa de Bens + Avaliação das Necessidades da Comunidade Se a comunidade está interessada em medidas contra gentrificação e quer preservar certos aspectos da vizinhança, será essencial começar um mapa de bens da comunidade. Um Mapa de Bens da comunidade fornece informação sobre os pontos fortes e os recursos presentes na sua vizinhança. Se sua comunidade decidir avançar na busca por um título coletivo, os recursos devem cobrir todos os bens listados no mapa. Após mapear os bens da comunidade, é necessário listas as necessidades da mesma (como coleta de lixo, paveamento de estradas, esgotos, etc).

Formar um Comitê de Recursos - Residentes Se depois de organizar a comunidade decidir avançar com a titulação coletica, será crítico começar reconhecendo a área geográfica na qual os recursos serão aplicados. Isso irá requerir um reunião da comunidade para estudar a área. Será necessário falar com todos os moradores e empresários da área estudada para despertar interesse em terras e posse coletivas. Os indivíduos interessados na titulação coletiva farão parte do seu Comitê de Recursos.

Uma vez que o seu Comitê de Recursos formado por residentes estiver organizado e a área na qual os recursos serão aplicados estiver delimitada, o Comitê de Recursos deve escolher membros patrocinadores - geralmente organizações sem fins lucrativos, ONGs, instituições governamentais ou indivíduos interessados. Estas organizações e indivíduos sentarão junto aos residentes e empresários no Comitê de Recursos para auxiliar na tomada de decisões importantes que envolvem a área do título coletivo, então é importante escolher para o comitê membros que podem fornecer acesso a fundos, informações importantes e outros recursos. Isso ajuda a envolver indivíduos e organizações engajados em trabalhos que tenham relação ao trabalho no qual os recursos estarão envolvidos. Podem estar envolvidos: membros do clero, agentes imobiliários locais, banqueiros, advogados, defensores de habitação, etc.

Criar um Plano de Melhoria e Desenvolvimento da Terra O aspecto mais importante da titulação coletiva é o gerenciamento a longo prazo. Engajamento e gerenciamento a longo prazo na sua comunidade devem aprimorar e criar bens e recursos para membros da comunidade sem os efeitos de gentrificação ou perda da acessibilidade. Préviamente à titulação coletiva, deve ser feita uma lista de projetos de melhoria que o Comitê de Fundos planeja alcançar com a seguinte titulação. Essa lista pode incluir itens como:

consórcios comunitários residentes

outros residentes

»» Conservação da Terra »» Desenvolvimento Agrícola »» Sistemas de Aprimoramento »» Infraestrutura Hídrica »» Saneamento »» Eletricidade »» Coleta de Lixo »» Desenvolvimento Comercial »» Aprimoramento ou Criação de Espaços Públicos »» Aprimoramento do Parque de Habitação Existente

organizações & especialistas

Criar uma Estrutura de Governança Como em qualquer organização, um grupo de recursos deve ter alguma forma de estrutura governamental para que seja garantida a contabilização do projeto. Os membros no comando dos recursos devem ter, em primeira mão, conhecimento sobre a comunidade e ter parte no sucesso dos recursos. O modelo típico de recursos deve ser projetado para balancear os interesses de membros individuais e da comunidade como um todo. Ele implica uma corporação social independente baseada na comunidade onde há provisão específica para duas categorias de associação igualmente empoderadas - uma categoria inclui todas as pessoas que ocupam terras listadas como recursos e a outra categoria é aberta a todos os outros indivíduos e organizações que tem interesse nessas terras e querem apoiar o trabalho.

Itens a considerar: Um título coletivo em um grupo de recursos pode ser quão grande ou pequeno você quiser, no entanto, a escala é um aspecto crítico a ser considerado. É importante notar as diferenças entre organizações para grandes e para pequenos recursos e considerar essa escala enquanto você avança no planejamento da fase do grupo de recursos. Lembre que recursos de títulos coletivos também podem começar pequenos e crescer com o passar do tempo.

Criar uma Formula de Revenda Uma fórmula de revenda de recursos de terra estabelece um limite maximo de preço pelo qual casa casa pode ser revendida - seja ela vendida de volta para os recursos ou diretamente para outra família. Uma vez que uma terra adota essa fórmula, a expectativa é de que ela seja listada junto aos contratos de locação da organização e aplicada consistentemente a todas as casas da organização cada vez que cada uma delas for vendida. A Fórmula de Revenda promete acesso justo para futuros proprietários e retorno justo aos que estão vendendo como recurso.

Formula de Revenda

Valor de Mercado

R$80,000

Vantagens dos grupos de recursos em grande escala:

Consórcio Comunitário

Vantagens em operar sobre uma grande área pode incluir mais oportunidades para que residentes com baixa renda possam comprar uma propriedade e uma gama maior de casas acessíveis.

R$50,000

Desvantagens dos grupos de recursos em grande escala: Desvantagens podem incluir falta de contabilidade e maiores custos de gerenciamento. Áreas maiores tem a habilidade de perder seu senso de comunidade.

Image Source: Anita Mangan

5. Pagamento da taxa de transferência (ITBI)

O Comitê deverá pagar uma taxa de tranferência antes que as partes possam assinar o contrato de transferência. Isso pode ser feito em qualquer banco comercial. O cartório fornece o formulário de pagamento ao Comitê e todas as partes pagam no cartório. O cartório, então, fica responsável por pagar a taxa em nome do Comitê.

6. Esboce uma Escritura Pública de Venda e Compra

Através de um cartório público, esboce uma Escritura Pública de Venda e Compra. O cartório irá revisar todos os documentos obtidos nos procedimentos anteriores e continuará a autenticar a escritura de compra.

O que acontece depois? Conquistando Escritura Coletiva

1. Obter um Certificado de 20 anos (Certidão Vintenária) ou Prova de 5 anos de Propriedade Através da sua associação de residentes, obtenha uma cadeia de 20 anos de título ou posse de toda propriedade que provavelmente sera parte dos recursos. Se não há posse de título anterior en nenhuma terra listada como recurso, toda propriedade listada nos recursos deve possuir prova de posse dos ultimos 5 anos. (Prova de Posse pode incuir: Registro de compra da Associação dos Residentes, contas de telefone ou eletricidade, etc).

2. Obtenção de Documentos Civis, Fiscais, Comerciais e Legais do Vendedor

(Só complete este passo se o Comitê de Recursos precisará comprar terras de um vendedor com título) Através da sua associação de residentes ou Rio Rápido, obtenha certificados de disputa (Certidão dos Cartórios de Protestos), certificados de distribuidores (Certidão dos Distribuidores Cívies), certificado executivo fiscal (Certidão de Executivos Fiscais) e certificados de falência ( Certidão de Falências e Concordatas) com o Tribunal de Justiça da sua cidade. Estes certificados garantem que todos os acordos cívieis, ficais e comerciais foram finalizados.

O que acontece depois?

7. Atualize o IPTU (Imposto Predial e Territorial Urbano) na Prefeitura

Antes de registrar o título, os recursos precisam ter seus nomes atualizados nos registros municipais para a terra que será adquirida. Essa informação pode ser submetida pelo site https://dief.rio.rj.gov.br/dief/asp/mcriweb/login_usuri.asp. Uma vez que a informação é submetida, o çomitê recebe um número de protocolo para o pedido de mudança de nome. Uma vez que esse pedido é verificado com o escrivão, a informação submetida será enviada e anexada ao numero de registro do Comitê.

8. Registrar a escritura no Cartório de Registro de Imóveis apropriado

Complete o registro da escritura dos recursos em um escritório de registro de imóveis. Esse passo é necessario para a transferência de posse da propriedade. Em alguns casos, um cartório pode tomar conta disso. Por lei, o Cartório de Registro de Imóveis tem 30 dias para analizar os documentos e registrar a escritura de transferencia. Esse processo pode levar algum tempo já que o registro pode voltar para o Comitê com solicitação de mudanças necessérias.

3. Solicite um Certificado de Imposto Territorial e um Certificado Cadastral (Certidão de Dados Cadastrais do Imovel) com a Prefeitura

Através da Prefeitura Municipal do Rio de Janeiro, obtenha um Certificado de Imposto Territorial e um Certificado Cadastral. Estes certificados mostram taxas pendentes associadas à propriedade. O certificado é gratuito se for obtido pela internet e custa R$11.85 se for retirado em pessoa. O Comitê de Recursos pode renunciar esse certificado se assumir a obrigação de pagar qualquer taxa pendente relacionada ao imóvel.

4. Obtenha Certificados de Liberação

Obtenha Certificados de Liberação de uma autoridade fiscal e um certificado de liberação de imposto federal. Ambos podem ser obtidos pelo site www.receita.fazenda.gov.br.

SMHC Secretaria Municipal de Habitação e Cidadania. A Gerência de Regularização Urbanística e Fundiária atua na regularização de Áreas de Especial Interesse Social (AEIS), como favelas, loteamentos, reassentamentos e conjuntos habitacionais.

Instrumentos e recursos de apoio

Notario

Recurso

Contato Catalytic Communities

(Comunidades Catalizadoras) podem ajudar a organizar a comunidade e a sediar workshops educacionais sobre gentrificação e desocupação.

info@catcomm.org catcomm.org +55 21 9919.7644

Fundação Bento Rubião é uma organização sem fins lucrativos que pode auxiliar grupos nos processos de regularização e titulação.

Instrumentos e recursos de apoio

+55 21 2429.5280 Av. das Américas, 8445 Sala 116 - Rio de Janeiro

Pinto 24º Ofício de Notas

+55 21 3553.6020 Prédio do Jockey Clube Av. Alm. Barroso, 139 - Loja C Gr. 503 - Centro - Rio de Janeiro iterj.rj.gov.br +55 21 2332.7236 Rua Regente Feijó, 7 Cartório 5º Ofício de Notas +55 21 2579.3918 R. Real Grandeza, 193 Botafogo - Rio de Janeiro Bento Rubião contato@bentorubiao.org.br bentorubiao.org.br 14º Ofício de Notas +55 21 2262.3406 +55 21 2548.3646 Av. Beira Mar, 216/701 Av. Nossa Sra. de Copacabana 895 Centro - Rio de Janeiro Copacabana - Rio de Janeiro

Observatório de Favelas Observatório de Favelas é uma organização social que assume pesquisa consultoria e ações públicas para produzir conhecimento e elaborar propostas políticas focadas em favelas e problemas urbanos.

info@observatoriodefavelas.org observatoriodefavelas.org.br +55 21 3105.4599 Rua Teixeira Ribeiro, 535 Maré - Rio de Janeiro

IPTU IPTU - Imposto Predial e Territorial Urbano pode auxiliar você na hora de atualizar o nome do recurso nos seus registros de impostos quando estão ganhando um título coletivo.

26° Ofício de Notas

ITERJ ITERJ - Instituto de Terras e Cartografia do Estado do Rio de Janeiro pode com questões a cerca de regularização e titulação.

fundiaria@pcrj.rj.gov.br rio.rj.gov.br/web/smhc/ +55 21 2976.3699 Afonso Cavalcanti Street 455 New Town, Estacio.

dief.smf@pcrj.rj.gov.br dief.rio.rj.gov.br Afonso Cavalcanti Street, 455 San Sebastian - Rio de Janeiro

Cartório do 9º Ofício

+55 21 3233.2600 R. do Ouvidor, 89 Centro - Rio de Janeiro

+55 21 3826.1842 R. das Laranjeiras, 29 Catete - Rio de Janeiro

Ofício de Registro de +55 21 2509.5935 Av. Rio Branco, 131 Centro - Rio de Janeiro

23º Ofício de Notas +55 21 2509.2665 Tv. do Ouvidor, 15 Centro - Rio de Janeiro

Registro de Imóveis 10º +55 21 2533.8177 Tv. do Paço, 23 - 1103 Centro - Rio de Janeiro

14º Cartório de Notas

+55 21 2533.6430 Av. Nilo Peçanha, 12 - 6º andar Castelo - Rio de Janeiro

14º Ofício de Notas

32º Ofício de Notas

+55 21 2560.3547 Av. Brás de Pina, 110 Rio de Janeiro - RJ

Cartorio 9 Oficio de Notas +55 21 2252.4861 R. Luís de Camões, 3 Rio de Janeiro - RJ

Figure 45: Comunidade! in Portuguese. Comunidade! is an integral part to the land rights tool. Comunidade! is a comprehensive guidebook on collective titling. It highlights the effects of gentrification on communities, the importance of collective titling, the process of organizing around collective title, the legal steps groups must take in order to gain collective title, and resources that communities can contact that might be able to help with their collective titling needs. The full guidebook can be found in the appendix. A Right to the City 64 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

Por que um título de propriedade coletiva?

Potencial Residente Comprando

Como posso adquirir uma

O potencial residente deve paga Anualmente, ele também deve pa que é responsável por garantir o públicos, bem como gerenciar e propriedades a novos moradores pelo consórcio.

Terras Públicas

Terras Privadas

Como funciona um título de propriedade coletiva?

Como é possível vender p

O principal objetivo de tal model de acordo com o mercado. Isso re residentes paguem preços justos requisitos caso decidam revende

07 Figure 46: Pages 7 & 8 of Comunidade! to show detail. This chapter explains why it is beneficial for communities to gain collective title. The term, “Community Land Trust” is referred to as “Consórcios Comunitários”. 65 Coletivo Favela A Comprehensive Land Rights Tool

Consórcio Comunitário

of collective titling, receive instruments and resources that can catalyze capacity building and organization around land rights, and to formulate new networks of resources and organizations so that these communities can begin to form Community Land Trusts (CLT).

Vendedor Potencial Residente

Consórcio Comunitário Venda

a propriedade em consórcios comunitários?

ar o direito de propriedade de sua casa à vista ou em parcelas. agar uma taxa de administração anual ao consórcio comunitário, acesso da comunidade à infraestrutura urbana e a serviços proteger bens da comunidade. Residentes podem vender suas s, desde que respeitem os limites de preço de revenda aprovados

propriedades em consórcios comunitários?

lo de consórcio é garantir que o valor de propriedade não varie eduz o risco de especulação imobiliária e garante que novos s e acessíveis. Novos residentes devem concordar com os mesmos er suas casas em ocasiões futuras.

Community land trusts function as a permanent and lasting non-profit entity whose purpose is to own and manage community land by way of trusteeship. The effectiveness of CLT’s stem from their community and place-based strategies of promotion of affordable housing, regulation of resale prices and organizational tactics to improve community assets and provide housing to those in need while regulating market forces. Cummings observes that the use of community land trusts in Rio de Janeiro’s favelas can offer several advantages in that they strike a balance between private and collective ownership; they serve as a bulwark against the polarizing forces of gentrification; and they engender social cohesion that can catalyze other social initiatives. Collective titling and community land trusts, while they have not been fully put to use in Rio de Janeiro as of yet, could provide another, perhaps better, solution to that of regularization given the current context of land speculation within and outside of these territories. Because collective title and community land trusts are relatively new concepts in Rio de Janeiro, this portion of the tool works to educate residents on gentrification; illuminate the ways in which collective titling can prevent gentrification and create permanently affordable housing; provide detailed information on how to organize communities around collective title; indicate the necessary steps residents must take in order to secure collective title and form successful land

A Right to the City 66 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

trusts; and network residents with the appropriate outside resources and instruments. This portion of the tool is materialized in two ways: online and physical. The online component serves as the base for the exploration of knowledge as well as a space where residents can find articles on how to collectively improve communities following the decision to gain collective title; material on existing models of collective title in Brazil, Afro-Brazilian Quilombos, the downloadable comprehensive collective title guidebook, “Comunidade”; the download-able handouts that work to raise community awareness of market displacement and catalyze organization (also featured in the educational portion); and access to critical resources that can help in the process of collective titling. The land trust guidebook, Comunidade, (see Figure 45 & 46) features five chapters, “Gentrification and Your Community”, “Why Collective Title?”, “What is the Process: Organizing Around Collective Title”, “What Happens Next: How to Gain Collective Title”, and “Resources”. The first chapter echoes the educational portion of the land rights tool by highlighting the importance of recognizing gentrification’s effects within one’s community – it is critical that Morro da Providência, Morro da Babilônia and Rocinha begin organizing, either around issues of market displacement, community assets, or community needs. The need to organize around a common issue is highlighted several times throughout the text, as it is a required feature of a land trust. The next chapter highlights the benefits of collective titling as opposed to individual title by demystifying the processes behind buying, selling and owning homes within a land trust, and also by highlighting the importance of collective title in creating permanently affordable housing and combating unwanted land speculation. 67 Coletivo Favela A Comprehensive Land Rights Tool

The following chapter features the steps that communities should take in order to gain collective title. The first step reiterates the importance of organization in the formation of land trusts. The next step is to create a community needs assessment as well as an asset map. As soon as communities have begun organizing, and even prior to deciding to formulate a land trust, it is helpful for gentrifying neighborhoods to know which community assets exist in order to identify which of these assets should be preserved in order to retain community character. The community needs assessment is important to organize around as well. Where the majority of gentrifying favelas will receive governmental interventions, it is important for communities to know which areas of their neighborhoods require investments and exactly which improvements need to happen in order to halt retroactive government expenditures and begin to reroute funds to the proper projects. Oftentimes, if communities improve public works together it serves to retain the population rather than displacing them. The following two steps address the formulation of a residents’ committee as well as an outside organization committee - it is recommended that land trusts are comprised of residents within the land trust, residents that are not in the land trust, and outside organizations and specialists in equal measure. And thus, this portion of the tool explains which types of residents, key community players and outside organizations land trusts might seek to have on their committee, and why these particular individuals may be beneficial in terms of resources, networking and funding. The following step focuses on the importance of creating a feasible governance structure. Because land trusts are comprised of a multitude of individuals with varying interests, this portion

of the tool suggests a governance structure that will most adequately represent community interest, mediate disagreements, and proceed with land trust decision-making diplomatically. A well-designed governance structure is a key component to a successful and lasting land trust. The next step in the process of collective titling is to create a resale formula which will establish an upper limit on the price for which homes may be resold – whether it is sold back to the trust or sold directly to another household. Once a land trust adopts such a formula, the usual expectation is

geography, which can include more property for lower income residents to purchase, and a wider range of affordable housing; as well as listing the disadvantages of large scale trusts, which can include a lack of accountability and increased management costs. Along with the comprehensive list of steps to consider while formulating favela land trust models, Comunidade also features a checklist of political and legal steps that potential land trusts must take in order to secure tenure as

Comunidade highlights that long-term engagement and stewardship in one’s community should both improve and create assets and resources for members of the community without the effects of gentrification or the loss of affordability. that it will be written into all of the organization’s ground leases and applied consistently to all of the organization’s homes as they are sold and purchased. The Resale formula should promote fair access for future homeowners and fair return for those selling within the trust while keeping housing affordable.51 In the final formulation stages, the guidebook notes that it is essential to look back at the community needs assessment and to draft a plan for collective community improvement. Comunidade highlights that longterm engagement and stewardship in one’s community should both improve and create assets and resources for members of the community without the effects of gentrification or the loss of affordability. Scale is also mentioned as a critical component for community members seeking to formulate a land trust to consider. Comunidade lists the advantages of operating over a large 51

well as a list of networks and resources that can help to guide them through the process. While individual/collective freehold title and individual/ collective leasehold title are already written into constitutional provision; collective titling, along with titling in general, is relatively underutilized. Comunidade recommends starting the land trust as a non-profit entity, however, as land trust models gain in popularity and success, it is possible that new policies could be formulated to streamline the collective title process. Because collective title is a somewhat new and underutilized concept in Brazil, many of the steps that are listed in Comunidade are flexible and, nonprescriptive. This provides residents with the frameworks, instruments and networks to move forward, but urges residents to choose land trust models that will provide neighborhood-specific benefits and that will highlight existing valuable community assets and dynamics.

National Community Land Trust Network A Right to the City 68 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

MEASURING SUCCESS In this land rights initiative, education, legalization and collectivization work together to create a comprehensive body of knowledge that can empower favela residents to make more informed choices about land rights, both individually and community-wide. Thus, these three distinct features support one another and are linked to create an expansive network of information, instruments and resources that can combine to effectively build the capacities and capabilities of favelados in ways that can incite positive change and create a durational and lasting community resilience for future states of exception. Along with the three aforementioned features, this tool functions to embody three distinct characteristics and values that will measure its success over time, that of embeddedness, reflexiveness and hysteresis. The first is that of embeddedness, this land rights initiative must be actively embedded in each of these communities via local actors or residents and must be equally pertinent to and useful for each community that it comes in contact with. This second feature of the tool is reflexiveness; this land rights instrument must be able to be given to actors within the community that will be able to adapt and change this tool over time so that it will continue to be relevant. The third feature is that of hysteresis where the history of the system catalyzes change in its internal state over time. Therefore, it must be understood by the organizations and actors using this tool as well as the communities who will benefit from it that the temporality of this system of land rights organization has the ability to create trans-generational social resilience so that these communities and territories can plan to stay both within and outside of future states of exception. 69 Coletivo Favela A Comprehensive Land Rights Tool

Figure 47: Coletivo Favelaâ&#x20AC;&#x2122;s method of organization as well as its values; embeddedness, reflexiveness, and hysteresis. It should be understoood that the method and model of Coletivo Favela creates a slow resistance that can generate trans-generational social resisilience by building the capacities and capabilities of favela residents.

Figure 48: Internal Key Players, Residents and External Organizations in Morro da BabilĂ´nia , Morro da ProvidĂŞncia and Rocinha that could use Coletivo Favela, or be networked through Coletivo Favela.

A Right to the City 70 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

69 Conclusion Figure 49: Detail of Structures in Vila Autodromo. Source: Alexa Jensen, 2016.

CONCLUSION “I consider that it is only when we acknowledge the dimension of “the political” and understand that “politics” consists in domesticating hostility and in trying to defuse the potential antagonism that exists in human relations, that we can pose what I take to be the central question for democratic politics. This question, pace the rationalists, is not how to arrive at a consensus without exclusion, since this would imply the eradication of the political. Politics aims at the creation of unity in a context of conflict and diversity; it is always concerned with the creation of an “us” by the determination of a “them.”” - Chantal Mouffe, The Democratic Paradox Throughout my examination of existing federal urban policy and its municipal-level liberalization in Rio de Janeiro’s current state of exception, I have identified an imperative need for strategic and coherent revanchism on behalf of favela residents in order to proactively prevent future market displacement by claiming for the right to the city. It is my observation that narratives of informality and heavily-entrenched stigmas have wrongly permeated planning practice and policy implementation in Rio de Janeiro and, as a result, have been detrimental to existing and displaced favela populations. Where these pervasive stigmas have transcended a hyper-local cultural memory in Rio de Janeiro as well as a global cultural memory through popular media and film, these stigmas have been central to the urban planning regime in the wake of the 2014 World Cup and the 2016 Summer Olympics.

favela residents and the subsequent gentrification of their territories in order to illuminate the gaps in land rights knowledge and pedagogy. It is thusly imperative that urban-actors begin to intervene in the interstitial spaces created by the identifiable gaps in knowledge in order to productively disrupt the existing situations and to collectively create more equitable solutions both with and for favela residents. By considering the significance and centrality of the favela within Rio de Janeiro’s city logic, Coletivo Favela works to catalyze capacity building by designing a comprehensive body of knowledge, networks and resources that can be used in organization and collective action. These capacities and capabilities are essential in the coproduction and co-construction of the right to the city within the landscape of the favela as it relates to Rio de Janeiro.

When considering Brazil’s activation of The Right to the City as a collective right; it becomes clear that it is fundamental to explore the dialectical relationship between the multiple policy perspectives of the federal government, the municipality and the favelados to the eviction of A Right to the City 72 Rethinking the Democratic Paradox in Rio de Janeiro Through Organizational Tools for Land Rights

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