Publication: A socio-juridical criticism to urbanistic law for a new urban strategy in natal/rn/Brazil
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Date
2017
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AESOP
Abstract
The principle of the dignity of the human person is a moral, social and juridical value inherent in the person, that is, every human being is endowed with this precept, and this is the highest principle of the democratic state of law. While it is a right the idea of dignity in a collective dimension concerns tolerability per temporal, spatial and cultural circumstances. Thus, the city must be the place of the exercise of the dignity of the human person. Based on this idea and based on a dialectical perspective, the research proposes to discuss the effectiveness - notably ineffectiveness - of the norms of urban law, through the confrontation between the Federal Constitution, the City Statute, the Metropolis Statute, and the Municipal Master Plan in the State of Rio Grande do Norte located in Brazil. For purposes of this work, effectiveness is understood as the conformity of the actual situation to the legal situation granted or determined by the standard. In this sense, the first stage of the work consists in the revision of the literature focused on the legislation and legal instruments of urban law that regulate the urban space in the municipality of Natal. Next, we intend to criticize the illusion of urban law and the predominantly positivist conception that predominates both in the elaboration of legislation in Natal-RN and in the application of such norms. In addition, to investigate the causes of noncompliance with norms of urban law, it is necessary to study the city and society in which we live, the relation of identification and belonging of the individual with the city in which he lives, what mechanisms of participation Effectiveness of such individuals. In other words, we must understand in depth the ideas of democracy and justice, from the precepts of freedom and equality to the understanding of our reality. In this sense, the objective is to evaluate if the usual means and procedures used in the city of Natal-RN in the legitimization of public decisions in the sphere of urban policies, are backed by social legitimacy, once we experience the daily practice of civil disobedience in relation to the laws in the coexistence of the legal city and the illegal city.
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Book of proceedings: Annual AESOP Congress, Spaces of Dialog for Places of Dignity, Lisbon, 11-14th July, 2017
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