The convenience of imposing the neighborhood impact assessment and the definition of compensatory, mitigatory and retributive measures/CONVENIENCIA DA IMPOSICAO DE ESTUDOS DE IMPACTO DE VIZINHANCA E AS MEDIDAS COMPENSATORIAS, MITIGATORIAS E RETRIBUTIVAS

This paper is to discuss the use of the Neighborhood Impact Assessment (EIV) as an instrument to carry out and control impacting activities and how the urban legislation does it in view of the economic conveniences generated by public or private projects. Through the hypothetical-deductive method, it will be discussed how the urban plan and local legislation can establish proper rules to the interests of the town, preserving collective interests. For this purpose, the bibliographic review is herein employed and be based on the current legislation. The proposal is to verify how projects submitted to municipalities can be subject to compensatory, mitigating and retributive measures and the need to be included in the master plan and municipal legislation. The municipal administration, in view of these factors and future interests, must guide itself with a responsible decision-making margin in order to make economic activity compatible with what it specified to be the city's socio-environmental functions. As a results and conclusions the text underlines that public and private interests does not always be coincident and misuse of powers could be found and collective interest may be disregarded.