Federalismo, direito constitucional municipal e os direitos fundamentais na lei orgânica do município do Recife.

• Autor(a) principal: Julião, Gilson José
• Data de Publicação: 2024
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNICAP
• Texto Completo: http://tede2.unicap.br:8080/handle/tede/1861
• topic: Dissertações; Direito constitucional; Federalismo; Direitos fundamentais; Direito municipal - Recife (PE); Dissertations; Constitutional right; Federalism; Fundamental rights; Municipal law - Recife (PE); CIENCIAS SOCIAIS APLICADAS::DIREITO

The field of constitutional law is an important milestone for legal studies in Brazil and within this field federalism stands out, which is an eminently political movement that generates the form of the Federal State from it. One of the fundamental premises of this form of state is the derived constituent power that is constitutionally attributed to the other federative entities, which in the Brazilian case are the states and municipalities. In other words, it is up to member states and municipalities to draft their constitutional charters to establish their organization and fundamental rights. This was the choice of the constituents of our current Magna Carta, as they chose this in their articles 25 and 29, where they established that it is up to the states to organize and govern their constitutions and municipalities in the same way with their organic laws. Therefore, this research aims to identify the rights provided for in the Municipal Organic Law of Recife that are repetitions or innovations in relation to the Federal Charter and the State Constitution of Pernambuco. The research, of an exploratory and descriptive nature, will take into consideration the Municipal Organic Law of Recife, the Constitution of the State of Pernambuco and the National Supreme Law. Thus, the data will be assessed in a quantitative and qualitative way, with fundamental rights as one of the main elements of analysis.