A criação de municípios na Paraíba após 1988: a repercussão da norma constitucional no desenvolvimento socioeconômico das localidades

Abstract

This dissertation is the result of investigations into the topic of the creation of municipalities after the advent of the 1988 Constitution, which famously took on political decentralization in its text, enabling an exacerbated multiplication in the number of municipalities in our federation. This is because it assigned to state complementary laws the role of regulating the processes of creating municipalities. After the concerning results of the excess of new, small municipalities created in the country, Constitutional Amendment No. 15 of 1996 was approved, which practically halted new emancipations, assigning to a federal complementary law the role of regulating the matter of creating municipalities. Since this federal complementary law has never been produced, a situation of territorial management rigidity arose for municipalities in the process of emancipation, generating legal inconsistencies regarding the matter. This work will ultimately discuss how these inconsistencies and the delay of over two decades in implementing a constitutional provision by the legislative power affect the development of localities, from a perspective of development as freedom. To accomplish this, the work studies the case of Paraíba, as a means of understanding the impact of this norm on the local dynamics, and relies on documentary sources to demonstrate the legislative path that culminated in this anomalous situation and discusses the justification behind the confusion that will be evidenced throughout the text.