Fundamental right to a sustainable city and the dilemmas of the urban planning in the democratic state of law

Abstract

In the field of the inovations, concerned at Urbanist Law, brought by Democratic State of Law, the present article aims to attack the fundamental Law at the sustainable city following meanders of its relation with the fundamental principle of the dignity of the human person, because the urban space characterizes itself , essentially, for being a politic, social, cultural and philosophic space, where the development of the human potentialities is possible. So a study about the different institutes of Urbanist Law in the vigour in paternal juridical order is achieved, giving especial emphasis to federal Law 10.257, denominated Statute of the City, and at the Municipal Director Plan, as paradigmatic changes occurred with the positivity of the social function of the city and of the propriety in the Constitution of the Federative Republic from Brazil.