O município protagonista: breve análise da execução da política urbana à luz do artigo 182 da Constituição

Abstract

In a globalized world, with Brazilian society naturally increasingly integrated with that of other countries, popular tolerance for problems such as corruption and poor provision of public services decreases and there is an awakening of demands for improvements. The people's demands are directed towards, in addition to the sensitive areas of health, education and probity, to urban infrastructure interventions directly linked to urban planning, precisely because cities are home to the overwhelming majority of the population. In this context, achieving federative autonomy by the 1988 constitution, also influenced by the spontaneous social phenomenon of urbanization, the municipality leaves its once timid role in the realization of fundamental rights to receive, by express option of the constituent, the task of executing urban policy defined in its master plan, ensuring the sustainable management of cities as a prominent diffuse right. Thus, the importance of urban planning rights is expanded, contributing to this protagonism, mainly through what is called “Active or Operational Urbanism”, which, far from being limited to the control of the exercise by the individual of the right to property and to build, is preordained to transform the artificial environment built by man through urbanization actions, benefiting and re-benefiting the habitable spaces with the scope of giving citizens a functional, sustainable and balanced city, meeting the most acute and modern popular desires. The peculiarities of the execution of urban policy to which the 3 levels of the federation under municipal leadership compete, are also analyzed in light of the specific attributions of the local entity for planning and controlling the use, subdivision and occupation of land and execution of the urban policy, inspired by cooperative federalism, by the clause of local interest and the principle of federative subsidiarity, which translate into an indisputable municipalization of actions (articles 23, single paragraph, 30, I and VIII and 182 of the Constitution).