Aglomerações urbanas e governança interfederativa do estatuto da metrópole : reflexões do panorama gaúcho a partir do princípio da subsidiariedade.

Abstract

Thinking new ways of institutional engineering of public administration, based on geomorphological facts, pre-existent to the mass human occupation in Brazil and more specifically in Rio Grande do Sul, certainly is a challenge for any area of knowledge. To the Law, the current legislative changes occurring at the national level provides to its operators the possibility of interaction and collaboration with other knowledge fields, in a significant way, on the planning and management of new forms of administration of the public interest. Those who dedicate themselves to legal hermeneutics and forms of non-formal normative emanation can help in the creation of a type of platform for other fields of scientific knowledge that collaborate with the reversal of the current urban dilemmas, increasing the quality of life of city dwellers with the internal interaction in various spheres, both in state and social organization. Local power can find a way in which it can assume the role of a spokesperson for its citizens with material capacities for the appropriate responses arising from this dynamic, since people work, live and write their stories within city limits, before other federative spheres. In this way the Union, State and society, form a productive and non-parasitic relationship, especially in the daily life of the municipality, removing current evils such as mixofobia and myixofilia. In addition to this new system of regional identity, called interfederative governance, derived from historical processes that bring together the sense of belonging of the citizen to the community, the population arrangements with densities smaller than the metropolitan regions, gives to this predicted governance in the status of the metropolis, a greater effectiveness for the present lucubrations of a future, that escapes from the current logic of alteration of every macroplanning to each cycle of political power. This is the purpose of the paper, to find a way by which it is possible to concretize the constitutionally foreseen social rights in a constant and uniform way, within the limits of the local power, since within the physical structure of the cities the State can accomplish its primary goals, that even justify its existential legal abstraction. The principle of subsidiarity in its juridical-political perspective shows itself capable of redesigning multiple tasks of public debt management and public interest, a fact addressed by the hypothetical-deductive method, through specialized bibliographic analysis, functional procedure method and through the search of bibliographic research articles in the fields of Urban Law, Geography, Philosophy, Psychoanalysis and Social Sciences. It was sought to provide a way out of the ordinary goal-positivization, which remain exclusively in the field of ideas and at most in the formal and not practical aspect. In the state of Rio Grande do Sul, the archetype of its inhabitant, the gaucho, can be the motivating element for interfederative governance to take place in this environment. This is the main hypothesis of the research, which, even if its future concreteness can not be demonstrated, it gives indications of being a potential agglutinative element in this Brazilian southern communitarian egrégora. Since those places were little contaminated by the mixofilia and mixofobia (common in metropolitan regions and with high human density, both housing and productive). The official institutes of the national central power also bring the first sketches of the delimitation of these dynamics with the establishment of the regional dynamics that even incipient, reinforce this tendency of municipal union, considered as primordial hypothesis in the current research.