Mobilidade urbana e federalismo: repartição de competências em matéria de transporte público coletivo no município de Belém

Abstract

The present work aimed to analyze the distribution of competences between the entities of Brazilian federation arranged in the Federal constitution of 1988 in particular, the urban competences related to urban mobility and urban public transport, in order to demonstrate how the issue affects the joint actions of governmental entities in Belem township. The actions aimed the execution of mobility in the cities, especially those aimed at motivating the use of collective public transport, are understood as public functions. In the exercise of these functions, the governmental entities should identify their respective competences to legislate about the issue and implement the necessary actions for development observing the constitutional and infra-constitutional principles and rules. Thus, it was identified, first , the origin of the term urban mobility and its current concept, by inserting it in the context of urbanization and metropolization of the country, showing that the current definition widespread in Brazil from actions of the Federal government in 2003, is not restricted to the legal concept and it is inserted in a bigger context that requires the participation of the public power to ensure that the movement of people and goods occur efficiently , safely, physically accessible , financially and sustainable in order to provide the social function of the city and, therefore, a better quality of life for people. It was also done, an analysis of Federalism and about the formation of the Federal Brazilian state to identify the general situation of the distribution of competences in matter of urbanistic and in urban transport and, from this analysis , reach the diagnosis of the performance of municipal, state and federal governments in Belem township , while head of the metropolitan region in actions aimed at improving the urban and metropolitan transports , implementing the constitutional order to exercise their common and competitive competences in a coordinated and cooperative way.