O exercício do poder de polícia administrativa na aplicação do direito urbanístico

Abstract

This work begins with a contextualized analysis of the Administrative Police Power in urban matters, covering the importance of the state's stance and ending with the relationship between urban planning, public order and the participatory management strategy. Using a deductive method of exploratory nature, it exposes instruments and limits linked to “fiscal action” – a term more closely related to the proposition of this approach. It demonstrates the public interest as a precursor of the order of cities and conforms the regular exercise of this power with the positive norm. As a result, it advocates these activities as mandatory, regulated by infra-constitutional norms, in essence. It also elucidates the State as a manager of urban dignity and regulator of urban activities, aiming at order, balance and sustainability, through administrative and jurisdictional control.