Número de Vereadores, Tendo em Vista a Eficácia...
Bacuri é um município brasileiro do estado do Maranhão. Sua população estimada em 2010 era de 16.626 habitantes portanto deveria ter 11 vereadores, e não 9 vereadores como tem hoje! Artigo - O número de Vereadores será proporcional à população do Município, observado os limites estabelecidos pelo artigo 29, inciso IV, Da Constituição Federal, a saber: I - ATÉ 10.000 Habitantes - 09 Vereadores II - DE 10.001 a 20.000 Habitantes - 11 Vereadores III - DE 20.001 a 30.000 Habitantes - 13 Vereadores IV - DE 30.001 a 50.000 Habitantes - 15 Vereadores V - DE 50.001 a 100.000 Habitantes - 17 Vereadores VI - DE 100.001 a 500.000 Habitantes - 19 Vereadores VII - ACIMA DE 500.000 Habitantes - 21 Vereadores O período pré-eleições municipais já está em curso. Candidatos aos mandatos de prefeito, vice-prefeito e vereador já começam a despontar no cenário político. Surgem, também, os primeiros questionamentos de ordem jurídica, com realce para o tema: número de vereadores, tendo em vista a eficácia plena, para o pleito municipal de 2012, do novo regramento, introduzido na Constituição Federal pela Emenda nº 58, de 2009, tendo por escopo disciplinar o número de vereadores das Câmaras Municipais, em proporção às populações dos respectivos municípios. Art. 29. O Município reger-se-á por lei orgânica, votada em dois turnos, com o interstício mínimo de dez dias, e aprovada por dois terços dos membros da Câmara Municipal, que a promulgará, atendidos os princípios estabelecidos nesta Constituição, na Constituição do respectivo Estado e os seguintes preceitos: English text Bacuri is a municipality in the Brazilian state of Maranhão. Its population in 2010 was 16,626 inhabitants therefore should have 11 councilors, and not 9 as councilors have today! Article - The number of Councillors will be proportional to the population of the municipality, subject to the limits set by Article 29, section IV, The Constitution, namely: I - UP TO 10,000 inhabitants - 09 Aldermen II - FROM 10,001 to 20,000 Inhabitants - 11 Aldermen III - A 20,001 to 30,000 Inhabitants - 13 Aldermen IV - FROM 30,001 to 50,000 Inhabitants - 15 Aldermen V - DE 50001-100000 Inhabitants - 17 Aldermen VI - OF 100,001 to 500,000 Inhabitants - 19 Aldermen VII - in excess of 500,000 - 21 Aldermen The pre-municipal election is already underway. Applicants to the mandates of mayor, vice mayor and councilman are beginning to emerge on the political scene. Arise, also, the first questions of law, with emphasis on the theme: number of councilors, with a view to full efficiency for the municipal elections of 2012, the new regramento, introduced in the Constitution by Amendment No. 58, 2009 , with the purpose to regulate the number of councilors of municipalities in proportion to the populations of the respective municipalities. The Amendment # 58 altered the text primitive item IV of Article 29 [1] of the Federal Constitution and, therefore, first of all, it is appropriate to compare the texts, anterior (originating) and current (derived), unnecessary transcription all points. Thus we have: PREVIOUS TEXT: "IV - number of Councillors proportional to the population of the municipality, subject to the following limits: a) minimum of nine and a maximum of twenty-one in municipalities with up to one million inhabitants; CURRENT TEXT: "IV - for the composition of municipalities, it looks at the ceiling: a) nine (9) Councilors, the municipalities of up to 15,000 (fifteen thousand) inhabitants; " As it reads, the original constituent, to treat the composition of municipalities, established two fundamental premises, namely: One. The proportionality between the number of councilors and the municipality's population and, 2nd. Minimum and maximum limits in respect of that share. However, and unlike the constituent derived changed one of the fundamental premises originally, just to set the maximum number of councilors from each county in proportion to the population, In this step, pose the following questions: One. The City Council, through amendment of the Organic Law of the municipality - legal instrument to regulate the matter - could set randomly, the minimum number of councilors, since complied with the constitutional limit or ceiling? 2nd. If so, this minimum could be less than nine councilors, which is the minimum number set in the first essay of the constitutional provision and, now, the maximum number of municipalities for up to 15 thousand? The question rests on the faulty wording of the command post in the Constitutional Amendment and to solve the issue, start by remembering the fundamental principle § housed in single, the opening article of the 1988 Constitution: "All power emanates from the people, who exercise it through elected representatives or directly under this Constitution. " However, representativeness, placed in the Constitution as a fundamental principle, spreads itself across the supreme order of the nation by ensuring elections, majoritarian and proportional to the president, governors of states and the Federal District, municipal mayors , senators, congressmen, state and district councilors. The derived constituent power under multiple constraints placed on the original text, is subject to "restrictions imposed by the National Constituent Assembly, as those that typify explicit material limitations on the exercise of extraordinary institutional prerogative to amend the text of our fundamental law," as well remember the celebrated Celso de Mello, Honourable Minister of the Supreme Court, on grounds of vote docked ADI 2362 - MC / DF. [2] Thus, under the fundamental constitutional principle of popular representation, through elected representatives, the derived constituent was not authorized to modify such representation, leaving open the text entered in the constitutional order, the possibility of reducing the number of councilors set originally: NINE. ET AL ... "The constitutional amendment, though one can translate the amend many provisions of the Constitution, retains an integrative value, in the sense that should leave substantially identical constitutional system. The review serves to change the Constitution, but not to change the Constitution. "Warn the teachers JJGomes Canotilho and Vital Moreira. Indeed, the teaching of Gilmar Mendes, acclaimed and distinguished constitutionalist Minister of the Supreme Court, the immutable clauses, fundamental or derived, such as, "should stop, however, not only the removal of the constitutional order, but any reform that alters the key elements of its historical identity. " However, the minimum number of councilors in each municipal legislature, is not only fundamental, but, in particular, bears a historic constitutional identity, enshrined in the original text of 1988. Therefore, I feel it is undeniable that in fixing the number of councilors in each town hall, should be preserved at least nine, respecting the historical identity, referred to Gilmar Mendes, because I have no doubt in saying, was this system desired by the original constituents. Thus and in the same line of intellection, now speaking of the new text, I understand that the maximum number of councilors in each age population, should be the minimum for each subsequent track. This is more consistent with the interpretation put on the system framework of the 1988 Constitution, given that, for municipalities with up to 15 000 the minimum and maximum overlap. Finally, as to the ceiling, it is evident that constitutional command seal, however, admits the discretion of each Board, to fix a smaller number, provided you adhere to the minimum number, in the form of systematic interpretation that the advocate reasons adduced above. Article 29. The city will be governed by an organic law, voted in two shifts, with a minimum interval of ten days, and approved by two thirds of the members of the City Council, which shall enact, complying with the principles established in this Constitution, the constitution of the State and the following precepts: Total de visitas: 112879 |