Municipalização do trânsito: análise da competência de gestão local da circulação prevista no Código de Trânsito Brasileiro, a partir da experiência de municípios mineiros

Abstract

This study intends to explain and investigate the fulfillment of the legal competences in the Brazilian Traffic Code, as to the imposition, to cities, the management of the traffic itself through the execution of the process of municipalization, moved to end with its inclusion in the National Traffic System. Our starting point is the study of the beginning of the conflicts because of the circulation in the cities and the necessity of the implantation of techniques to the territory management, searching the teaching of Milton Santos. It s analyzed, how the evolution of the traffic laws and rules in Brazil was historically, including those that impose the municipalization, and what is the National Traffic System and Politics as well. Based on these theoric principles, it is seen that the cities not only have legal obligations, but also institutional, financial and technical: these legal obligations resulting from the requirements of the article 33 of the Federal Constitution and the BTC itself; these institutional obligations consist of the realization of the integration procedure NTS, the creation of the traffic management organs and the celebration of partnerships; these financial obligations consist of receiving and giving traffic fines; these technical obligations are connected to the formation of the technical workers and the implementation of instruments directed to the improvement of the circulation spaces through the professional work of several different areas of knowledge. Considering these municipal responsibilities, it was analyzed the statistics data of municipalization, giving to the official traffic organs and it was concluded that only few managers are worried about the municipalization of the local traffic assuming the control. It is because the bureaucracy in the process of municipalization and the lack of resources in the City Halls. There are also difficulties because of the capacity of the agents, educative action implementation, the correct use of the resources and the lack of technical action. The burden imposed to the city managers proves that there are great benefits when the city itself assumes the management of its own traffic, giving the solution to the conflicts in the circulation spaces, better traffic flow ness and life quality to its inhabitants.