THE OBLIGATION OF THE NEIGHBORHOOD IMPACT STUDY AND THE MUNICIPAL LEGISLATIVE OMISSION
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Abstract
This paper presents the dialogue between Environmental Law and Urban Law to build sustainable cities and it also provides a panorama of the Neighborhood Impact Study, presenting their differences and similarities in what relates to the Environmental Impact Study. From concepts about property right and its social and environmental role and the application of the principles of prevention and precaution, the aim of this paper is to analyze the interface between the two disciplines, as well as to evaluate the obligation to submit the neighborhood impact study in case of municipal legislative omission. The methodology was based on an exploratory and qualitative research, using a hypothetical-deductive method and the bibliographic procedure. The conclusion is that it is necessary to issue a municipal law to keep the presentation of the study mandatory, due to the local interest and the municipal jurisdiction, according to Article 30 of the Federal Constitution in addition to the principles of legality and legal reserve, since article 36 of the City Statute is not self-enforcing.
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