O dever legal de aprovação do Plano de Mobilidade Urbana pelos municípiosuma análise crítica à luz da Lei federal nº.12.587/2012

Resumo

This work aims to address the Urban Mobility Plan, a legal planning instrument contained in Law No. 12,587/2014. In the analytical effort to verify the consequence legally foreseen in article 24, §8º, of Law nº 12,587/2014, that is, the prohibition of municipalities requesting or receiving federal resources destined to urban mobility when the duty of approval of the Mobility Plan is not fulfilled Urban, we seek to answer the following question: would it be legally required to impose the application of the aforementioned limiting measure to new municipal administrations, which, when entering into the exercise of their mandates, have to deal with scenarios already inherited from previous administrations of municipal non-compliance with the duty legal basis for preparing the respective Urban Mobility Plan? As a response, a construction is proposed around the suspension of the legal effectiveness of the sanction legally provided for in article 24, §8º, of Law No. 12,587/2014, observing certain conditions to be met by municipal management, defending, to this end, that the diligent conduct of the public manager imbued in reversing the pattern of default inherited from previous administrations must inhibit the application of severe sanctions to his administration due to management acts prior to the assumption of the new municipal mandate, in order to neutralize the occurrence of risk that may seriously compromise the continuity of the execution of public policies or the provision of essential services to the community. Based on the need to build a safe alternative to municipal administrations that have to face the scenario described, which permeates the understanding of the legal vicissitudes of the Urban Mobility Plan, an attempt is made to carry out a legal assessment of its requirements, deadlines, formalities, impositions , with analytical emphasis on the legally imposed duty of approval and the legally foreseen sanction due to non-compliance with this obligation imputed to municipalities.

Ficha do documento

Tipo

Dissertação

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36034

Temas

Políticas PúblicasMobilidadeTransportesPlanejamento UrbanoGestão Municipal

Palavras-chave

Plano de Mobilidade UrbanaDever de aprovaçãoIntranscendência subjetiva das sançõesUrban Mobility PlanDuty of approvalSubjective intranscendence of sanctionsDireitoPlanejamento urbanoTransporte urbanoBrasil. [Lei n. 12.587, de 3 de janeiro de 2012]Administração municipal