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					EXTENSION COURSE:
INTER-INSTITUTIONAL
COOPERATION AND REGIONAL
GOVERNANCE

PUC MINAS – 29/11/2008
 Theme: Experiences in the Metropolitan
 Region of Belo Horizonte

 Speaker: MARIA COELI SIMÕES PIRES –
 Assistant professor of UFMG and Assistant Secretary of State
 for Regional Development and Urban Policy
SUMMARY
I – Regionalization and Institutionalization of Metropolitan
    Regions
II – Metropolitan Governance Models
III – Evolution of the Metropolitan Regions within Brazilian
    constitutional law – brief notes
IV – MRBH Revision of the recent metropolitan trajectory in
    Minas
V – Metropolitan Region of BH and the State for Results
VI – Metropolitan Conference and Implementation of the
    Administrative Bodies
VII – Public Offices of Common Interest and Metropolitan
    Agency
VIII – Challenges to governance in the face of urban crisis and
    federalism
     I – Regionalization and Institutionalization
     of Metropolitan Regions



            State Regionalization
            (metropolitan regions, urban
            agglomerations and micro-
            regions), with emphasis on the
            metropolitan regions



Maria Coeli Simões Pires
        Geographic evidence of the
        metropolitan phenomenon


              Conurbation – physical fusion between
              cities
              Increased demographic density
              Metropolis – increased hierarchy in the
              urban network
              Interdependent urban infrastructure



Maria Coeli Simões Pires
       Geographic phenomenon x Political-
       juridical organization of the States



            Metropolitan territory does not match with
            the political-territorial division
            Urban sprawl contiguous to and overlapping
            into multiple municipalities
            Interdependence Process: underlying
            factors within the metropolitan regions
            Public Offices of Common Interest – the
            metropolitan interest


Maria Coeli Simões Pires
                 THE METROPOLITAN ISSUE:
      GEOGRAPHIC, ECONOMIC, AND SOCIALPHENOMENON
       THAT IMPACTS THE JURIDICAL ORGANIZATION OF THE
                         TERRITORY




Wikipedia Image : São Paulo Landsat (satellite
image).
                                                 Maria Coeli Simões Pires
      Issues: how to institutionalize
      metropolitan regions?

           As a new sphere of governance? Should it possess its own juridical
           character and political capacity?
           Should it be an administrative jurisdiction with or without juridical
           character?
           Should it be a region of planning?
           Should it be a region of special services?
           Should it depend upon an institutional arrangement for regulation?
           Who should create the metropolitan regions?
           Should the metropolitan governor be elected or nominated? Should it
           be a politician or an administrator?
           How to integrate local governments to metropolitan administration?
           Can it result in the amalgamation of municipalities?
           How can the population participate?
           What must be the strength of the votes of the members of the
           Metropolitan Councils and other jurisdictions? Government –
           Municipalities – Society – Productive Sector?


Maria Coeli Simões Pires
    The ability of the Metropolitan Issue to
    cause a disturbance...



         “Municipality - açu (large)”
         “Estado - mirim (small)”
         Concentration of GNP, fiscal collection and
         voters
         Paradox – Concentration of „sore spots‟

    Several political actors tend to lose power with
      the reorganization


Maria Coeli Simões Pires
  What is already acceptable
   (Edésio Fernandes)


           The „local‟ in urbanization is the „metropolitan‟
           The metropolitan scale of settlement, sanitation,
           transport (TransMilenio in Bogota, Johannesburg)
           Metropolitan scale of formal and informal real-estate
           markets
           Necessity for economic efficiency and administrative
           rationality (effectiveness of public policies; transaction
           costs; urban governance)
           Necessity for sustainable development
           Necessity for the territorialization in the metropolitan
           scale of plans – strategic, regulatory, inductive/positive –
           and of public policies
           Necessity to create specific institutions and processes”



Maria Coeli Simões Pires
     Elements still being debated
     (Edésio Fernandes)



           The nature of the metropolitan
           phenomenon
           Identification of the metropolitan
           interest
           The determination of the political
           quality of the decision-making process
           Financing metropolitan development –
           Who pays the bills, and how?


Maria Coeli Simões Pires
    II – METROPOLITAN GOVERNANCE
    Models


         The international experience reveals
         several models of governance of
         metropolitan regions, which, basically,
         divide into two types:

     INSTITUTIONAL
     COOPERATIVE

Maria Coeli Simões Pires
    METROPOLITAN GOVERNANCE MODELS

         Vertical or Compulsory         Horizontal (Cooperative)
            (Institutional) Model                  Model
         Metropolitan Regions           Metropolitan Regions
         created or coordinated by      created or services
         regional or national body,     generated by the agreement
         within the terms of the        between local governments
         Constitution
                                        horizontal organization of
         vertical organization of the   the metropolitan area,
         metropolitan region,           based on the free
         through legislation edited     association between the
         by a competent body,           local governments.
         independent from the
         municipalities‟ consent        Characteristic: Governance
                                        through projects and
         Characteristic: Systemic       through consensuses
         and territorial governance

Maria Coeli Simões Pires
  International Experiences


         Canada: amalgamation of municipalities
         United States: multiple models; from
         voluntary agreements to regional authorities
         England: Greater London created in 1960;
         extinct in the Thatcher Gov.; re-created in
         2000.
                           Power of the economic argument: Global
                           competition between metropolises induce
                           processes of metropolitan integration
                                    (reduction of transaction costs)



Maria Coeli Simões Pires
        III – Evolution of the Metropolitan regions
        within the Brazilian constitutional law – brief
        notes



        Constitution of 1967

              Predicted in the Chapter about the
              “Economic Order” – art. 164 –
              economic nature of the institute
              Legal competence of the Union
              Concept of Public Services of
              Metropolitan Interest

Maria Coeli Simões Pires
     METROPOLITAN REGIONS –
     Constitution of the Republic of 1988

         Constitution of the Republic –

    “Chapter III
    Of the Federative States
    Art. 25 (...)
    § 3º - The States can, by means of complementary law,
       institute metropolitan regions, urban agglomerations and
       micro-regions, constituted by a group of bordering
       municipalities, to integrate the organization, the planning
       and the execution of public offices of common interest.”




Maria Coeli Simões Pires
      Metropolitan Regions – Constitution of the
      Republic of 1988



      Constitution of 1988

           Predicted in Title III – “Of the Organization
           of the State” – federative nature of the
           institute
           Legal Competency of the member-State
           Concept of Public Services of Common
           Interest

Maria Coeli Simões Pires
       Juridical Controversies


            Local Interest x Metropolitan Interest
            Entitlement of the Metropolitan Interest
            Public Services of Common Interest
            Municipal Autonomy
            State Autonomy
            Role of the Union



Maria Coeli Simões Pires
Three “strong points” of the controversy


         Direct Action of Unconstitutionality of
         1842

         Discussions about the Consortiation
         Law and the Sanitation Law

         Campaign of the Municipal
         Administrators Plans – Statute of the
         Cities
Maria Coeli Simões Pires
    IV – MRBH  Revision of the recent
    metropolitan trajectory in Minas

    Constitution of the Minas Gerais State of 1998 and the
      origin of AMBEL


         Federal Constitution of 1988 attributed to the States the
         competency to legislate over metropolitan regions
         Inspiration in the metropolitan parliament, of Paris
         Prediction in the State Constitution of 1989
         Regulation through the Complementary Law nº 26, of the
         14th of January 1993




Maria Coeli Simões Pires
    Composition of AMBEL
    Complementary Law nº 26, of the 14th of January
      1993

         Representation of the Governor: 1
         representative
         Representation of the Legislative Assembly: 1
         representative
         Representation of the Mayors: 1 representative
         of each municipality
         Representation of the Municipal Councils: 49
         municipal councillors
         There were no representatives of the organized
         civil society

Maria Coeli Simões Pires
    Difficulties of the Model
         Formally, the power in AMBEL was with the
         councillors – disempowering executive powers
         The State and the big municipalities,
         underrepresented, distanced themselves
         Few meetings, operational difficulties for its
         functioning
         Lack of representation by an organized civil society
         AMBEL did not obtain legitimacy to promote
         metropolitan governance
         The large number of members (84) complicate
         convocations and discussions



Maria Coeli Simões Pires
    Legislative Seminar – Metropolitan
    Regions (2003)


         3 months of discussion in 5 cities of the
         State
         More than 1200 participants (deputies,
         mayors, councillors, secretaries of state,
         experts of the Government, NGOs,
         syndicates, professional entities, popular
         movements, etc)
         Approval of 194 proposals for the
         administration of the metropolitan regions

Maria Coeli Simões Pires
     State Constitution – Regionalization: New
     model

           (Amendment to the Constitution nº 40, of 25/5/2000)
                              Of Regionalization
                      Subsection I – General Dispositions
    Art. 41 – The state will articulate regionally the administrative action,
       with the objective of: I – integrate the planning, the organization,
       and the execution of public offices, of common interest, in areas
       of intense urbanization; II – contribute to the reduction of regional
       inequalities, by means of articulated execution of regional and
       sectoral plans, programs and projects directed towards global
       development of the collectivity of the same geo-economic and
       social complex; III – assist the Municipalities of scarce conditions
       for socioeconomic propulsion, situated in the region, as to
       integrate to the development process.




Maria Coeli Simões Pires
     State Constitution– Metropolitan
     Region and Governance
         Art. 46 – There will be in each metropolitan region: I – a Metropolitan Assembly; II – a
         Deliberative Council of Metropolitan Development; III – one Development Agency, with
         technical and executive character; IV – a Guiding Plan of Integrated Development; V –
         a Metropolitan Development Fund
    § 1° - The Metropolitan Assembly constitutes the collective body of superior decision and
         of representation of the State and the municipalities in the metropolitan region,
         consenting it to: I – define the macro-directories of the global planning of the
         metropolitan region; II – veto, by a resolution of at least two thirds of its members,
         resolution emitted by the Deliberative Council of Metropolitan Development
    § 2° - Equal representation is secured, in favour of deliberation, between the State and the
         Municipalities of the metropolitan region in the Metropolitan Assembly, in the terms of
         the complementary law.
    § 3° - The Deliberative Council of Metropolitan Development is a collective body of the
         metropolitan region in which competition occurs to: I – discuss about the planning and
         the execution of the public offices of common interest; II – elaborate a normative work
         plan for the implementation and execution of public offices of common interest; III –
         provoke the elaboration and approve the Guiding Plan of Integrated Development of
         the metropolitan region; IV – approve the rules of appropriation between the planning
         of the metropolitan region and the sectoral policies adopted by the public power for the
         region; V – discuss about the governance of the Metropolitan Development Fund.
    § 4° - The participation of the representatives of the State, the Municipalities of the
         metropolitan region and the organized civil society is secured in the Deliberative
         Council of Metropolitan Development. (Article amended by the art. 1º of the
         Amendment to the Constitution nº 65, of 25/11/2004.)


Maria Coeli Simões Pires
    METROPOLITAN REGIONS –
    Complementary Legislation


    (State Constitution – Art. 42 and subsequent)

         Complementary Law nº 88, of the 12 of January
         of 2006 – PRESENTS A FRAMEWORK FOR
         THE INSTITUTION AND THE GOVERNANCE
         OF A METROPOLITAN REGION AND THE
         METROPOLITAN DEVELOPMENT FUND

         Complementary Law nº 89, of the 12 of January
         2006 – FRAMEWORK FOR THE
         METROPOLITAN REGION OF BELO
         HORIZONTE

Maria Coeli Simões Pires
METROPOLITAN REGION
          OF
             BELO HORIZONTE
                                                                                                    Baldim




                                                                                                                Jaboticatuba


  EXPANSION of the MR:                                         Capim
                                                                            Matozinhos

                                                               Branco

                                                                                            Lagoa Santa                Taquaraçu
                                                                         Pedro        Confins
                                                                                                                       de Minas
                                                                        Leopoldo      São J.                                         Nova
                                                                                        Lapa                                         União
                                                Esmeraldas                              Vespasiano
                                                                                                  Santa
                                                                         Ribeirão das
                                                                                                   Luzia
               1.973                                                         Neves

                                  Florestal                                                                  Sabará
               1.993                                         Betim
                                                                        Contagem
                                                                                         Belo
                                                                                                                             Caeté

                                              Juatuba                                   Horizonte
                                                                                                             Raposos
               1.999                Mateus                                  Ibirité
                                    Leme         Igarapé São     M. Sarzedo
                                                          J.
               2.000                                     Bicas Campos
                                                                                               Nova Lima
                                                                                                              Rio Acima

                                                               Brumadinho
               2.002         Itatiaiuçu

                                              Rio Manso



                       Itaguara
    Complementary Law nº 88/2006 – Mixed
    and Plural Model

          Art. 4 - (...)
    Single Paragraph. The State is responsible, within this Complementary Law, to execute
          public offices of common interest, directly or through:
    I – concession or permission;
    II – associative governance;
    III – cooperative accord.

          Art. 5 - Instruments for metropolitan planning are:
    I – the Guiding Plan of Integrated Development;
    II – the Metropolitan Development Fund.

          Art. 7 - The governance of the metropolitan region is accountable to:
    I – the Metropolitan Assembly;
    II – the Deliberative Council of Integrated Development;
    III – the Metropolitan Development Agency;
    IV – the state, municipal and inter-municipal institutions associated to public offices of
          common interest in the metropolitan region, in the level of strategic, operational and
          execution planning.




Maria Coeli Simões Pires
  Metropolitan Governance Bodies

        Article 7 of the Complementary Law n. 88/06
             The governance of the metropolitan state is
                          accountable to:
                                I – the Metropolitan Assembly;

           II – the Deliberative Council of Metropolitan Development;



                           III – the Metropolitan Development Agency;

     IV – the state, municipal, and inter-municipal institutions associated
          to public offices of common interest of the metropolitan region,
            in the level of strategic, operational and execution planning.



Maria Coeli Simões Pires
    Other important changes:

         Creation of the Sub-secretary of
         Metropolitan Development, in Sedru
         Prediction of the Metropolitan
         Development Agency, of technical
         and executive character
         Creation of the Metropolitan
         Development Fund


Maria Coeli Simões Pires
  Anticipation of the Metropolitan Strategy Planning
  – New Role for the State in the MRBH

    New role in the governance of the Metropolitan
      Regions by means of:

     Rescuing an Effective Planning Strategy;


     Presence in the metropolitan space as an inductor,
    regulator and articulator for the several bodies of
    Governance;

     Participative governance



Maria Coeli Simões Pires
    GOVERNANCE GROUP
         Instituted through the Decree nº 44.268, of the
         30 March 2006, aimed at:

    I – Identifying the projects and planned actions for the
         metropolitan regions;
    II – Promoting the integration of action of the state bodies in the
         metropolitan regions;
    III – Proposing directives to accord the guiding municipal plans to
         the laws for the use and occupation of soil, within the
         municipalities that constitute the metropolitan regions, with
         programs and projects of common metropolitan interest; and
    IV – Make possible the structuring of jurisdictions, within the
         scope of the state, responsible for the governance of
         metropolitan regions


Maria Coeli Simões Pires
    GOVERNANCE GROUP - Composition


         The metropolitan governance group is
         composed of:
    I – Secretary of State for Regional Development and Urban
        Policy;
    II – Secretary of State for Planning and Governance
        (coordination);
    III – Secretary of State for Economic Development;
    IV – Secretary of State for Transport and Public Works;
    V – Secretary of State of the Environment and Sustainable
        Development (Dec. nº 44.300, of 23/05/2006)



Maria Coeli Simões Pires
    MRBH environmental and urban
    governance plan (Dec. nº 44.500, of 03/04/07)


        OBJECTIVE: Promote the sustainable development of the
        region, the preservation of its environmental activities and
        the adequate control of the use and the occupation of the
        metropolitan soil, integrating the planning and the execution
        of public and private actions, programs and projects.

        COORDENATION: It is the responsibility of the governance
        group to: promote the inter-sectoral coordination of the State
        and the bodies of the executive power of the state, with the
        bodies and entities of public administration, municipalities
        and with the segments of the civil society and the private
        initiative, whose action generates impacts on the territorial
        space of the MRBH.



Maria Coeli Simões Pires
            METROPOLITAN GOVERNANCE Group



            Planning and Articulation: Metropolitan
                      Governance Group




                           1st METROPOLITAN CONFERENCE




           IMPLEMENTATION OF THE INSTITUTIONAL ARRANGEMENT
                               OF MRBH


Maria Coeli Simões Pires
     V – Metropolitan Region of BH and
     State for Results

     Starting point:

          Commitment to the appointments
          of the Government Plan – Pact
          for Minas

       Maintenance of the vision for the
       future:
     “MAKE MINAS THE BEST STATE
       TO LIVE IN”. (PMDI 2003-2020)
       and observance of the long term
       strategy‟s main directions

          Qualitative evaluation of the
          strategies of the first government
          of Aécio Neves

Maria Coeli Simões Pires
      Contextualization – STATE for RESULTS:
      Basic Commitments

           Fiscal Quality
                   Fiscal equilibrium as a pretext of governmental action
                   Elevation of the strategic investment, simplification and
                  clarification of procedures

           Efficient Governance
                  Sectoral emphasis: quality and productivity of the sectoral
                  expenditure and service to the citizen

           Results
                  Monitoring and evaluation: performance of the Government,
                  measured through the evolution of finalistic indicators
                  Governance: Coordination of Government through Result Areas
                  Incentives: Results Agreement of the body / contract through
                  Result Areas




Maria Coeli Simões Pires
                                     NETWORK OF CITIES
                         Competitive
                          Territorial
                         Integration
                                                               Secure the availability of quality
Environmental                                    Equity and
                                                              public services at any point in the
Sustainability                                   Well-being
                                                              territory.
                          Integrated
                       perspective if the
                                                               Development of a network of
                        Human Capital
                                                              creative, dynamic, secure and well-
                                                              kept cities, with a range of public and
      Investment and                        Network of
         Business                             Cities          private services and host to urban
                                                              amenities.
                       State for Results
                                                               Increasing the national and
                                                              international prominence of the
                                                              MRBH.
                                                               Improvement and consolidation of
                                                              the planning and administrative
                                                              instruments of the municipalities in
                                                              Minas Gerais.
                                                   Network of Cities of Minas Gerais: 1999 Situation

        Key:

               Order 1
               Global Metropolis

               Order 2
               National Metropolis


               Order 3
               Regional Metropolis

               Order 4
               Regional Metropolis

               Order 5
               Agglomeration / Urban Centre

               Order 6
               Agglomeration / Urban Centre

               Order 7
               Agglomeration / Urban Centre

               Order 8
               Agglomeration / Urban Centre




Strategic Objectives:
 Plan and administrate the development of the network of cities of Minas Gerais and
accommodate its capacity of provision of services for education, health, sanitation, transport,
settlement, access to internet, technological innovation, professional formation and
environmental governance;
Strengthen the system for urban planning and governance, especially in the chief-cities;
 Increase the national and international prominence of the RMBH;
 Amplify the accessibility to basic social services and markets for the population of the
municipalities of smaller capacity;
 Promote the competitive territorial insertion of the network of cities of Minas Gerais in the
geo-economically national spaces.
                                                                                           Maria Coeli Simões Pires
    PERMBH –                          Metropolitan Region of Belo Horizonte



       » Objective
         Promote the integrated governance of the Metropolitan Region of
         Belo Horizonte, making it more competitive and elevating the
         quality of life of the metropolitan citizens.


       » Scope
       Provide the metropolitan region with instruments of integrated
       governance for public offices of common interest,
       notably the metropolitan transport system, the planning and
       administration of land use, and the expansion of the
       logistic infrastructure. Dissemination of the Choque de
       Gestão in the municipalities of MRBH, with the incentive to
       use methods of public governance for results and fiscal quality




Maria Coeli Simões Pires
      MRBH Structural Project

        Challenge
      Empower the utilization of the comparative advantages of
        the MRBH, with the effective implementation of
        metropolitan governance, creating synergy between
        municipal, state, and federal governments.

         Aim
      Promote the integrated governance of the Metropolitan
         Region of Belo Horizonte, making it more competitive
         and improving the quality of life of the metropolitan
         citizens.

      Drive the regional development.



Maria Coeli Simões Pires
    PE MRBH Actions

         SIRUS – Integrated System for the Regulation of Land
         Use
         Environmental and Urbanistic Governance Plan of
         MRBH (guides and urbanistic actions)
         Implementation of the Metropolitan Governance bodies
         (Assembly, Council and Agency)
         Support Program for the Agrarian Regulation (with
         emphasis in Vespasian)
         Metropolitan Transport Corridors (Linha Verde,
         Duplicação MG-20, MG-424, Anel de Contorno do
         AITN/DER e Anel de Contorno Norte/DNIT)
         Actions for urbanistic control through integrated action
         with the Environmental System (application of the Police
         Power)

Maria Coeli Simões Pires
VI – Metropolitan Conference of MRBH and

Implementation of Administrative Bodies
    METROPOLITAN CONFERENCE –
    Preliminary providences

         Preparatory actions:
        Convocation for conference decree (11/06/07)
        Constitution of the executive commission (15/06/07)
        Accord with the ALMG
        Meeting for the articulation of the State secretaries and entities

     Illustration of the metropolitan governmental programs
     Lecture/Thematic meetings/Workshops

     Internal regiments of the conference, of the Assembly and the
      Council
     Regulation of the Assembly, the Council and the Fund
     Preliminary studies for the elaboration of the Law Project for the
      creation of the Metropolitan Agency



Maria Coeli Simões Pires
   Institutional arrangement for the
   administration of the MRBH
   implementation

        Metropolitan Conference
        Date: 20th and 21st of August 2007
        Location: ALMG
        Release of the Parliamentary Front for the MRBH
        Ownership of the Metropolitan Assembly and the
        Deliberative Council of Metropolitan Development
        Signature of the decree for the regulation of the
        Metropolitan Fund
        Delivery of the Law Project for the creation of the
        Metropolitan Agency


Maria Coeli Simões Pires
    Other “institutionalities”


         Parliamentary Front

         Metropolitan Forum

         Granbel

         Metropolitan Observatory
Maria Coeli Simões Pires
Metropolitan Assembly -
Composition
COMPLEMENTARY LAE nº 88/2006
ART. 10 - ...

I - FOUR MEMBERS OF THE STATE EXECUTIVE POWER,
    INDICATED BY THE GOVERNOR OF THE STATE, AND A
    REPRESENTATIVE OF THE LEGISLATIVE ASSEMBLY;

II - THE MAYOR AND THE PRESIDENT OF THE MUNICIPAL
    COUNCIL OF EACH OF THE MUNICIPALITIES OF THE
    MRBH.

§1º - THE VOTE OF THE STATE REPRESENTATIVES IN
   THE METROPOLITAN ASSEMBLY WILL HAVE A
   WEIGHT EQUIVALENT TO HALF THE VOTES IN THE
   PLENARY.
              Composition of the Metropolitan Council: 16 voters




                     Civil Society   Belo Horizonte       Belo Horizonte

                                         Contagem         Contagem
            Assembly
                                                          Betim
                                          Betim
                                                          Demais Municípios
                                                          Governador do Estado
                                            Other         Assembléia
           Governor of the               Municipalities
                                                          Sociedade Civil
               State




    The deliberations of the
    council will be approved by the                         SEARCH FOR
    vote of two thirds of its                               CONSENSUS
    members.
Maria Coeli Simões Pires
     VII – Public Offices of Common
     Interest and Metropolitan Agency

     Categories of public offices of
      common interest

          Planning
          Regulation/Control
          Information
          Provision of Services

Maria Coeli Simões Pires
                                      Centralized         Secretary of State (SEDRU)

                           Direct
                                                           autarky       (Metropolitan Agency)

                                                           foundation
                                      Decentralized       public company
                                                           mixed economy society

Execution of
public
functions
of common                  Indirect            concession or permission
interest

                                                    public consortium (public or civil
                                                                                association)
                               Associative
                               governance           cooperation accord


Maria Coeli Simões Pires
        BENCHMARKING AGENCY– Some
        models


              São Paulo: Public company
              Salvador: Mixed Economy Society
              Curitiba: Autarky
              Porto Alegre: Autarky
              Recife: Public Foundation
              Grande ABC Agency: NGO
              Plambel: Autarky (MG)


Maria Coeli Simões Pires
    Institutional forms considered for the integration of the
    organization, planning and execution of public offices of common
    interest


          Secretary of State                   Body for Direct Administration


          AUTARKY
          Public Foundation                       Public Entities of Public Right
          Public Association (Consortium)
          Territorial Autarky

          Public company
                                             Private Rights of States
          Mixed Economy Society

          Oscip                                  Third sector, non-profit


          Concessionaries                   Private Entity of Private Right, profit-making
                                            purposes


          Permitted                    Private Entity of Private Right



Maria Coeli Simões Pires
     Project for the Complementary Law nº
     28/2007 –
    CREATED THE DEVELOPMENT AGENCY
     OF THE METROPOLITAN REGION OF
     BELO HORIZONTE - MRBH
         AGENCY.

         Substitution nº 1

Maria Coeli Simões Pires
    Choice of AUTARKY – Metropolitan Agency –
    Request for specific Law



         CF: Art. 37, incision XIX – “only through specific
         law can an autarky be created and the institution
         of the public company be authorized, of mixed
         economy society and foundation, appropriated to
         the complementary law, in the latter case, define
         the action areas”.

              Art. 173, § 1º - The law will establish the
         juridical statute of the public company, of the
         mixed economy society and its subsidiaries (...)


Maria Coeli Simões Pires
     VIII – Challenges to governance in the
     face of urban crisis and federalism

    Determinant factors:
         Exclusionary and unsustainable economic development model;
         Conception of segregating cities / segregation of poverty
         Risky urbanism
         Public regulation of the territorial order with discriminatory
         propensity / Illegitimate private governance – restricted
         citizenry / deficit of social policies

    Reality: Transgressional and disordered cities; presence of urban
          infirmities; extreme social inequalities; environmental
          precariousness.
                           “Take the institutions and the society away from urbanistic
                                  illiteracy and create consciousness of the
                                           dimension of the problems.”
                                                                  (Ermínia Maricato)




Maria Coeli Simões Pires
    Metropolitan Frame


         Incitement of the infra-structural
         problems (transports, traffic);
         Aggravation of urban violence;
         Scarcity of resources;
         Inequality between municipalities
         (BBC axis with 87% of the
         metropolitan GNP).

Maria Coeli Simões Pires
    Federative Frame

         Artificial federalism
         Unequal division of resources and of
         responsibilities
         Recrudescence of the practice of
         instituting social contributions
         (indivisible)
         Discouragement of cooperation –
         municipalism at whatever price

Maria Coeli Simões Pires
                     Dilemmas X Solutions

         Redistributive policy of      Federalization of the
            national character         redistributive policy

                           X        Union – Percentage for
                                       redistribution between
       Need for redistribution of      big regions
         regional/micro-regional    States – Percentage for
          character by the State       internal redistribution




Maria Coeli Simões Pires
                  Dilemmas X Solutions

                               Resolution of conflicts
                               between municipalities
           Municipalism at     – fiscal war
            whatever price     Over-partisan treatment
                               of metropolitan issues
                               Interaction between
                           X   municipal councils and
                               Legislative Assembly
                               Articulation within the
                               range of metropolitan
               Metropolitan    jurisdiction
                governance

Maria Coeli Simões Pires
     Compatibilization - Making Compatible
     Mixed plural model – Vertical and
       horizontal arrangements
       Consortia are instruments that can
       potentialize the consensus in metropolitan
       governance
       State Complementary Law guarantees the
       right of citizens to good public governance
       Regional governance as a right for the
       citizens, and not as an authority of the
       federative entities.

Maria Coeli Simões Pires
                           Final Comments




          Elaborated by:
          Maria Coeli Simões Pires
          Collaboration:
          Gustavo Gomes Machado




Maria Coeli Simões Pires

				
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