INICIATIVA POPULAR MUNICIPAL: UM PANORAMA COMPARATIVO DAS VINTE E SEIS CAPITAIS BRASILEIRAS

Abstract

The work studies the municipal Popular Initiative, an institute of semi-direct democracy that gives the electorate the power to propose bills and, eventually, amendments to the constitution to the Legislative Power. The 1988 Constitution of the Federative Republic of Brazil provides at the federal, state and municipal level, leaving its regulation at the subnational level to the State Constitutions and Municipal Organic Laws. It was found that there is little literature on the institute at the municipal level, which shows a lack of knowledge in Constitutional Law. After examining the 26 (twenty-six) State Constitutions and the Organic Laws of the capitals, a comparison was established that shows similarities and differences in the federal model and in subnational entities. The research is basic, documental and bibliographical, quantitative and qualitative and, specifically, comparative, using technical-comparative and descriptive comparative methods. The research conclusions are: 19 (nineteen) state constitutions provide for the institution of self-legislation at the municipal level, although they limit themselves to copying CF/88; existence of asymmetry between the institute at the federal and municipal levels; 6 (six) LOM with a percentage of supporters different from the constitutional provision, virtually affecting unconstitutionality; provision for additional legal requirements; possibility of defending the project in the municipal legislature; priority, differentiated or special regime, establishing deadlines or automatic enrollment in the next legislative session; adoption of federally inspired circumstantial and formal limits; forecasting of innovative dispositions when foreseeing technological or telematic means, and norms of economy; 3 (three) LOMs prohibit the exercise of self-legislation resulting from increased expenses, and innovations by 3 (three) LOMs that established the popular initiative of plans, programs and development projects.