Regiões metropolitanas brasileiras e autonomia municipal: eficácia da norma constitucional brasileira e de experiências estrangeiras na gestão dos interesses regionais

Abstract

The rising demand for certain portion of the population living in so-called Metropolitan Regions in Brazil has marked difficulty in obtaining satisfactory results, in these spaces that are located in different political-territorial jurisdictions. These difficulties have their origin mostly in the necessity to compose governmental arrangements that may act together and coordinated, including States and Municipalities involved in this metropolitan dynamic, which covers fiscal, social, environmental and legal aspects. This study examines the latter aspect, particularly in relation to the issue of constitutional competences of the entities involved and the functions of each one in the regulation of urban land, one of the most relevant aspects to the Metropolitan topic. Despite the dependence of an agreement between federation entities has shown rare in the Brazilian federation history, this fact can not constitute itself an impediment in the scope of fundamental rights established by the Constitution, especially taking into consideration that an adequate regulation of the urban land in a regional (metropolitan) perspective is a fundamental means for achieving the various rights such as housing, balanced environment. Identifying the State, one of the federative member as a leading figure of this mister, through a systematic and teleological interpretation of the Constitution, and recognizing the stage of constitutional administrative law as well as current "crisis of law," it appears that this federative entity may and must fully assume its responsibilities by establishing a technical study of regional planning, not necessarily approved by formal law and binding on the Municipalities.