TITLE:
Transportation Planning and Development in Brazilian Constitutional Economic Law
AUTHORS:
Fábio Sampaio Mascarenhas, Ricardo Begosso, Rodrigo Oliveira Salgado
KEYWORDS:
Transportation, Federal Constitution, Planning
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.4,
December
27,
2023
ABSTRACT: The purpose of this article is to analyze transportation planning in Brazilian constitutions. To this end, it examines the way in which Brazilian constitutions from the 1930s to 1988 include the role of the state in the transportation sector, bearing in mind that it was from this time onwards, marked by the internalization of economic decision-making centers, that transportation planning was constitutionalized. The research concludes that constitutional treatment of transportation planning, which was first introduced in the Brazilian Federal Constitution of 1934, is linked to the inclusion of the Economic and Social Order in the constitutional text. This relation is currently established in the Federal Constitution of 1988 and is essential to comprehend the legal framework of transportation planning in Brazil, dedicating particular attention to the National Road System.