Urban planning: the constitutional people and the theoretical task for the rescue of the collective

Abstract

We find, in the CRFB and in the infraconstitutional legislation, two Brazil: one individualist that refuses to go away and a new one, of participative democracy, that can not affirm itself. This will only be a reality with the creation of the new concepts and categories of material and processual rights inalienable to the judicial rescue of the collective. In fact, this is a job of the constitutional people, in the exercise of fundamental prerogatives such as elaborating a city plan, seen as a norm which comes from direct and not representative democracy.It is fitting to add to the theory: for the identification of the collective possessions together with the public and private ones; for the recognition of the subject of collective right; for the creation of a collective civil process and for the classification of property in new categories. The special properties not only assure the effective carrying out of the social function, but also return to the collective the possessions that the old liberal constitutionalism passed on to the state.