O município e a questão socioambiental : bases jurídicas para uma gestão local sustentável / The Municipality and the socio- environmental issue. Law basis for a sustainable local management

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

a State main cell, the municipality has preceded the State establishment in several cases. That was what happened in Brazil where the municipalities were set up not by the evolution of local community, which had different values and organization from those the Europeans brought along by the time they arrived here, but by an authority that was far away. The present study aims at rescuing the historical context of the Brazilian Municipality implantation by the Portuguese in order to establish their colonization. Next, our study analyses the development and the constitutional provisions for municipalities contained in the 1824, 1891, 1934, 1937, 1946, 1967 Brazilian Constitutions and 1969 Constitution Amendment, finally including the 1988 one still in force, not forgetting to consider the political issues affecting the country municipal history. Then, we examined the singular federal form of the 1986 Constitution which considers Municipalities as being federal bodies in the same level as the other federal bodies, with autonomy and competence assigned by a complex federal system based on the subsidiary principle. Such condition legitimizes municipality as an adequate locus for mediations between public and private interests allowing it to act and legislate to defend and promote the preservation of the environmental balance considered a fundamental right to guarantee the Brazilian people dignity. The municipality under tutelage, as a diffuse right surpassing the individual right, will be protected and promoted by coordinated and cooperating Public Administration organs and collectivity within the instruments and institutes comprising the Brazilian Democratic State socio-environmental law system. We intend to show that the municipality, through the autonomy assigned to it by the current Constitution, has the responsibility of making use of the available apparatus to act as guide and protector of the socio-environmental inheritance it is responsible for. Thats to say, its management should be engaged in maintaining such values and stimulating citizen participation, by making them aware of their roles as actors in the accomplishment of the sustainability envisioned by the Constitution in force.

ASSUNTO(S)

proteção ambiental direito ambiental direito direito municipal

ACESSO AO ARTIGO

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