A simplificação dos procedimentos de controlo preventivo em matéria urbanística: avanços e recuos do regime da comunicação prévia | 2017

Author(s) Maria Amélia Dias da Costa
Advisor(s) Isabel Celeste M. Fonseca
Year 2017

Synopsis Changes in Public Administration have been introduced based on the movement of New Public Management (NPM), aiming at a rational and efficient management and directed to the satisfaction of the citizen, aiming at a redefinition of the traditional role of the State that ceases to be a service provider and becomes a regulatory agent for those services. In Portugal, from 2005 onwards, there has been a boost in the reform of Public Administration, in particular with the so-called Simplex Program, which aims at administrative and legislative simplification. In this sense, there have been significant legislative changes, such as the amendment given by Law no. 60/2007, of September 4, to Decree-Law no. 555/99, of December 16, which establishes the Legal Regime of Urbanization and Building (RJUE), whose main objective is the much sought after simplification of the procedures for prior control of urban operations. In this sense, the role of prior notice plays a crucial role, since it becomes a more rapid urban management tool, implying a reduction of the preventive control by the Administrative agents and reinforcing the a posteriori inspection and, in addition, the various actors in the process are held accountable. During the theoretical investigation as well as the observation of the practice of the Municipality of Amares and Braga, the legislative changes introduced by Simplex in the scope of the RJUE, at procedural and procedural level, in particular the procedures subject to previous communication, as compared with the licensing procedures, are verified. The central question is whether the Simplex program has effectively simplified administrative procedures in the context of the prior control of planning operations, in particular the Prior Notice.

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2018-07-12T15:28:03+00:00