O poder regulamentar dos municípios no domínio do urbanismo
: fundamento e limites da regulamentação da urbanização e da edificação

  • Paulo José Teixeira Gonçalves Lage (Student)

Student thesis: Master's Thesis

Abstract

Article 3 of the Legal Regime of Urbanization and Edification qualifies municipal regulations for urbanization and building as implementing regulations. It also empowers municipalities to regulate specific and substantive aspects in this area, raising legal difficulties regarding the feasibility of the rules to be regulated and the autonomous nature of regulatory powers. The traditional concept of a reservation of law that prevents the regulation of matters relating to rights, freedoms and guarantees beyond the simple execution of the law, proves incapable of legally and dogmatically conforming the regulation of urbanization and building. The municipal regulations for urbanization and building are likely to affect private property rights, although limited by the material content of territorial urban plans, which enjoy a stronger legal value
Date of Award8 Mar 2017
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorRaquel Carvalho (Supervisor)

Keywords

  • Municipal regulations for urbanization and building
  • Regulatory autonomy
  • Property right

Designation

  • Mestrado em Direito

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