Análise do “Direito ao Sol” nos planos diretores de Pelotas – RS, em zonas residenciais.

Abstract

This work presents a study that approaches the theme of the legal rights to a warranty of solar access for every building and its immediate surroundings, using as object of analysis the 1st, 2nd and 3rd Master Plans of Pelotas, RS, Brazil. The warranty of solar access is ensured through urban planning laws, even implicit ones, by setting urban indexes in such regulations, which rule urban issues in cities. However, the application of such tools alone does not assure the minimum level of exposure to the sun on the houses’ façades and roofs. This research aims to verify if solar rights were ensured, even in a subliminal way, in the evolution of urban planning laws in the city of Pelotas - RS, in order to point reviews and strategies to assure them as a support for environmental quality. For this, three landmarks were defined, within residential zones which have kept their characteristics regarding use of the soil along the three Master Plans of the city, in different configurations of predefined regular lots, through characteristics as solar orientation, area and forefront, using the method of Solar Envelope. Solar envelopes were built in the software Rhinoceros, using the apps Grasshopper and DIVA in six different hours of solar access during the period of the best exposure to the sun, searching for the minimum level of two hours, as suggested by the Athens Charter (1933). After that, solar envelopes were transported to the software Google Sketch UP, in which three-dimensional models of the built volumes were generated, from applying the maximum urban indexes proposed by each Master Plan, searching to identify in which period the buildings present the lower percentages of volumes that exceed the solar envelope. Results indicated that along the evolution of urban planning legislation in the city, the warranty of “Solar Rights” has not been observed in residential lots. The study concluded that it is necessary to review and adapt the current urban laws, to ensure conditions of controlling and accessing sun for the buildings and their immediate surroundings.