The constitucionalisation of cities ? law

Authors

  • Emerson Affonso da Costa Moura Universidade Federal Fluminense (UFF)

DOI:

https://doi.org/10.5433/1980-511X.2016v11n3p243

Keywords:

Neoconstitutionalism, Constitutionalisation, City Right.

Abstract

This paper focusses on the changes that occurred in the City ?s Law inclusion; nevertheless, analyzing the correspondent fundamental norm present in the Brazilian Constitution and the reinterpretation of its imperatives, norms, institutions, and categories in an axiological filter. Therefore, this fundamental law is the central theme that this study discusses and questions. Furthermore, this research analyzes the extent of the constitutional process of cities ? law that work to promote a reinterpretation of public and private relations in the urban space. In conclusion, the first chapter of this paper analyzes the rise of contemporary constitutionalism in order to extract the central role assumed by the Constitution and the fundamental rights placed by it in the Brazilian legal system and it is extracted from an order of values. Sequentially, in the second chapter, this research studies the phenomenon of the constitutionalisation of law, its requirements, its main elements, effects, and its irradiation to the infraconstitutional law. Finally, in the third chapter, this paper concludes the phenomenon ?s extension of constitutionalization-inclusion and constitutionalising-rereading, which produce a change in cities ? law – adapting its formal and material norms under the light of the fundamental constitutional imperatives and principles.

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Author Biography

Emerson Affonso da Costa Moura, Universidade Federal Fluminense (UFF)

He holds a Master's degree in Constitutional Law and Specialist in Public Administration Law from Universidade Federal Fluminense (UFF). Graduated in Law from the Federal University of Rio de Janeiro (UFRJ). He is Professor of Administrative Law in the Preparatory Course of the School of Magistracy of the State of Rio de Janeiro (EMERJ), Course of the Superior School of Advocacy (ESA / OAB) and Free Winter Course of the Specialization Course in Public Administration Law (CEDAP / UFF). He is a member of the Administrative Law Commission of the Institute of Lawyers of Brazil (IAB), collaborator of the Research Groups Fundamental Rights and Control of Public Administration of the Federal Fluminense University (UFF) and delegate of the Legal Culture Committee of the Brazilian Bar Association (CCJ).

Published

2016-12-23

How to Cite

Moura, E. A. da C. (2016). The constitucionalisation of cities ? law. Revista Do Direito Público, 11(3), 243–275. https://doi.org/10.5433/1980-511X.2016v11n3p243

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Section

Artigos