Fiscalização difusa da constitucionalidade e o incidente de argüição de inconstitucionalidade

The present work consists of studying to diffuse control of constitutionality in Brazil, with emphasis in a procedural alternative to the evolution of that model: the incident to challenge of unconstitutionality. Starting from the discussion about the new role of constitutional jurisdiction in peripheral countries and in the globalized society, without forgetting to face inevitable doubts about its legitimacy before other powers of the State, the Brazilian control of constitutionality is revealed, under a diffuse, non-dichotomical view, through a number of inconsistencies and misunderstandings, that compromise social peace, the credibility of democratic institutions and the supremacy of juridical security. In order to achieve the goal, the study in course discussed the main difficulties of the Brazilian mixed model of constitutionality control, as well as, directing its view to the incident of challenge of unconstitutionality, which the most adequate forms to assure its appropriateness, legitimacy, processing and decisory effects are. Is was essential, in this point of view, to establish the difference between the incident of challenge of unconstitutionality conceived in article of the Brazilian Federal Constitution and the incident of challenge of unconstitutionality such as it is known in the European models. The insertion of the incident of challenge of unconstitutionality based on European models in the Brazilian control system, without jeopardizing the North-American essence the Brazilian constitutional history presents since 1981, is the hypothesis that is presented as an improvement of constitutional protection

Zona adensável de Ponta Negra em Natal/ RN: as conseqüências decorrentes da lei complementar 27/2000 na visão dos moradores da área

The quarrel on the urban intensific use of determined areas of the city is carried through in some levels of the society, which had to the fact to bring direct influences the population that inhabits it. The question to become an area to intensific use, implies in determining that the local infrastructure has the capacity to take care of to a bigger amount of people, inhabitants or passers-by. In the quarter of Ponta Negra, in Natal city (state of RN), its condition of area to intensific use to the municipal Law 27/2000 happened due that it starts to allow a bigger level of occupation of part of the quarter. This law has a direct relation with the installation of a complementary infrastructure in the quarter, to put does not send to its complementation and maintenance, what it takes the consequences that are felt by the population. This work has as main objective the identification of the decurrent significant consequences of the creation of Ponta Negra s Intensific Use Zone, according to vision of the population of the quarter. The way followed for this involves the compatible bibliography research with the subject, analysis of documents that treat on the quarter, mappings of the area in search of a physical characterization and mainly, an application of questionnaire next to local population. In this questionnaire it is the main point of the necessary collection of data to the work, indicating the point of view of the population not only on the negative points, but also on the positive points that had happened since the creation of Intensific Use Zone. The answers indicate problems of natures social, infrastructure and enviromental, compatible with the problems of other areas that had passed the same for process, as point the studied bibliography, indicating imperfections in the planning process and maintenance of Ponta Negra s Intensific Use Zone