Banca de QUALIFICAÇÃO: ANTONIO GURGEL PINTO JÚNIOR

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ANTONIO GURGEL PINTO JÚNIOR
DATE: 28/03/2024
TIME: 08:00
LOCAL: Ambiente Virtual
TITLE:

THE DEMOCRATIC MANAGEMENT OF THE CITY AND THE LEGAL EFFECTIVENESS OF POPULAR PARTICIPATION FROM THE PERSPECTIVE OF NATURAL RESOURCES: A CASE STUDY OF THE MASTER PLAN OF THE MUNICIPALITY OF NATAL

KEY WORDS:

Democratic management of the city; right to sustainable and smart cities; Sustainable Development Goals; legal effectiveness; popular participation.

PAGES: 109
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The democratic management of the city, based on popular participation, assumes a series of interdisciplinary relationships proposed to guarantee the right to sustainable smart cities that depend on the supply of natural resources, particularly water and energy resources. As a manifestation that traveled the world, urbanization generated social demands that had an impact on the perception of the city as a right, through the sociological conception of the “right to the city”. It turns out that with the administration by international law from the angles of the environment and human settlements, the right to the city was guided by the transversality underlying the relationships that the urban environment provides, therefore, they intervened in its original meaning and gained new meanings demanding adjustments in the its applicability. From this perspective, the international legal order, in addition to establishing sustainable human settlements as a right, the United Nations General Assembly (UNGA), approved the Resolution No. 70/1, known as the “Agenda 2030” which proposes the Sustainable Development Goals (SDG) for their respective member countries. The importance of this instrument for the researched topic is referred to the SDGs listed as “6. Drinking water and sanitation”, “7. Clean and affordable energy”, “11. Sustainable cities and communities”. The Brazilian State, in this context, maintains conditioning factors for respecting internal surveillance of international law, observing the Federal Constitution of 1988 and how the Federal Supreme Court (STF) accepts its provisions. The Democratic Rule of Law, based on popular sovereignty, serves as a support for the democratic management of the city, which has a relationship of influence over management, simultaneously with dependence on planning. The master plan, therefore, stands out for its competence in dealing with the use and occupation of urban land which, given the inseparability between environmental and urban issues, is not restricted to the challenges caused by the depletion and misuse of natural, water and energy resources , but we also project potential for the sustainability of these spaces, considering the importance of the legal effectiveness of popular participation. To develop the developments in the context addressed, a case study methodology was proposed that analyzes the latest Master Plan of the Municipality of Natal and its participatory processes regarding natural resources, enriching the bibliographic and documentary review base of the research. According to the above, the general objective of the work presents a debate on the democratic management of the city from the perspective of the legal effectiveness of popular participation in the master plan regarding natural resources. Then, the specific objectives are achieved in the following sequence: understanding the meaning of the right to the city within the scope of sustainable and smart cities based on the international legal order; discuss the normativity of the SDGs for Brazilian cities from a constitutional perspective; understand the relationship between democratic management of sustainable and smart cities and natural, water and energy resources; investigate ways to evaluate the legal effectiveness of popular participation in natural, water and energy resources in the master plan; evaluate the Master Plan of the Municipality of Natal resulting from the last review process, through an application of the developed instrument.

COMMITTEE MEMBERS:
Interno - 1687253 - ANDRE DE SOUZA DANTAS ELALI
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO
Presidente - 2279345 - SERGIO ALEXANDRE DE MORAES BRAGA JUNIOR