Abstract
Sustainability has turned out to be a complex issue in the scope of Legal Sciences, in proportion as it directly impacts relationships in society, demanding constitutional interpretation from the perspective of subsidizing social conflicts. This imposes direct implications for these relations, such as the issues inherent in city planning. The aim of the present proposal is to promote the hermeneutic discussion of sustainability from the perspective of the Constitution of the Federative Republic of Brazil, focused on the development of cities. The general objective is to hermeneutically interpret sustainability in the context of the Brazilian Constitution as a contribution to city planning; the specific objectives are (1) to address various forms of interpretation of the Federal Constitution; (2) indicate sustainability-orientating mechanisms for city planning in the Federal Constitution; and (3) to hermeneutically interpret sustainability for city planning according to the Federal Constitution. The task is based on Luhmann's Systems Theory, centered on the convergent social demands, considering that the order is to create a state of social tension exposed to normative demands; and also to keep the subsidiary support of the Constitution Theory discussed in Ommati (2016), in order to confirm an orderly and sustainable configuration of cities. We adopt the Content Analysis Method and the procedures required in the preparation of this task. As a result, a hermeneutic interpretation of sustainability for city planning is reached, using constitutional elements. This task contributes to academic knowledge and furthers the cause of the hermeneutics of sustainability in support of city planning.
Highlights
The Federal Constitution of Brazil is established as a normative system regulating the social system of a community, aligned with all the subsystems that guarantee the maintenance of the structure of the Democratic State, designed to ensure the exercise of social and individual rights, freedom, security, wellbeing, development, equality and justice as the supreme values of a fraternal, pluralistic and unprejudiced society founded on social and committed harmony in its internal and international order
Given the need to expand the reception and processing of the system by social actors, must conform to the guidelines set forth in the Federal Constitution, being relevant to the analysis of the devices contained in the systematized form to show the support of hermeneutics and reach the elements of sustainability
Hermeneutics is based on pre-comprehension which reveals it as a driver originated in the praxis of society’s everyday life
Summary
The Federal Constitution of Brazil is established as a normative system regulating the social system of a community, aligned with all the subsystems that guarantee the maintenance of the structure of the Democratic State, designed to ensure the exercise of social and individual rights, freedom, security, wellbeing, development, equality and justice as the supreme values of a fraternal, pluralistic and unprejudiced society founded on social and committed harmony in its internal and international order. In the structure of the Federative Republic of Brazil the states, municipalities and federal districts participate in the administrative geography. From them can come new structures, with the permission and criteria defined in the Federal Constitution. The changes in the administrative structures of the municipalities constitute city planning, where all the local policies offering guarantees of the competence of the state are realized. In the federal constitution are the devices that regulate the creation and dismantling of the organic laws that govern the local structure, as well as the principles that they must contain
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