THE REVISIONAL LEGISLATIVE PROCESS IN URBAN POLICY AND ITS FOUNDATIONS: DEMOCRACY AND SUSTAINABILITY

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Samuel Santos

Abstract

The article’s theme is urban legislation, with an analysis of the resolution from the City Statute (Law n. 10.257/2001) which deals with the periodic review of the Master Plan every ten years. The problem of the article is summarized as follows: What is the revisional legislative process and how does it relate to the guidelines of urban policy for democratic management and the right to sustainable cities? And what are its possibilities and limits for urban policy? The objectives of the research are to relate this characteristic with specific elements of urban legal dogmatics and indicate the existence of a diffuse right to the revisional legislative process as an instrument for improving urban policy instruments. The research was developed with the application of the deductive method and bibliographic technique, relating the characteristics of the revisional legislative process with democratic theories and Environmental Law. As a result, it was found that the recognition of such a link is fundamental for understanding the relationships between urban legislation and the temporal dynamics of urban space, respect for democratic deliberation, and sustainable planning.

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Author Biography

Samuel Santos, Universidade Federal de Santa Catarina (UFSC)

PhD in Law from Universidade Federal de Santa Catarina (UFSC), Florianópolis/SC, Brazil. Master’s in Theory and Philosophy of Law from UFSC. Professor at undergraduate and postgraduate courses at Faculdade CESUSC, Florianópolis/SC, Brazil. Coordinator of the Democracy and Separation of Powers Research Group.