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EXTENSION COURSE: INTER-INSTITUTIONAL COOPERATION AND REGIONAL GOVERNANCE PUC MINAS – 29/11/2008

EXTENSION COURSE: INTER-INSTITUTIONAL COOPERATION AND REGIONAL GOVERNANCE PUC MINAS – 29/11/2008. Theme: Experiences in the Metropolitan Region of Belo Horizonte

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EXTENSION COURSE: INTER-INSTITUTIONAL COOPERATION AND REGIONAL GOVERNANCE PUC MINAS – 29/11/2008

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  1. EXTENSION COURSE:INTER-INSTITUTIONAL COOPERATION AND REGIONAL GOVERNANCEPUC MINAS– 29/11/2008 Theme: Experiences in the Metropolitan Region of Belo Horizonte Speaker: MARIA COELI SIMÕES PIRES – Assistant professor of UFMG and Assistant Secretary of State for Regional Development and Urban Policy

  2. SUMMARY I – Regionalization and Institutionalization of Metropolitan Regions II – Metropolitan Governance Models III – Evolution of the Metropolitan Regions within Brazilian constitutional law – brief notes IV – MRBH Revision of the recent metropolitan trajectory in Minas V – Metropolitan Region of BH and the State for Results VI – Metropolitan Conference and Implementation of the Administrative Bodies VII – Public Offices of Common Interest and Metropolitan Agency VIII – Challenges to governance in the face of urban crisis and federalism

  3. State Regionalization (metropolitan regions, urban agglomerations and micro-regions), with emphasis on the metropolitan regions I –Regionalization and Institutionalization of Metropolitan Regions Maria Coeli Simões Pires

  4. Geographic evidence of the metropolitan phenomenon Conurbation – physical fusion between cities Increased demographic density Metropolis – increased hierarchy in the urban network Interdependent urban infrastructure Maria Coeli Simões Pires

  5. Geographic phenomenon x Political-juridical organization of the States Metropolitan territory does not match with the political-territorial division Urban sprawl contiguous to and overlapping into multiple municipalities Interdependence Process: underlying factors within the metropolitan regions Public Offices of Common Interest – the metropolitan interest Maria Coeli Simões Pires

  6. Wikipedia Image : São Paulo Landsat (satellite image). THE METROPOLITAN ISSUE: GEOGRAPHIC, ECONOMIC, AND SOCIALPHENOMENON THAT IMPACTS THE JURIDICAL ORGANIZATION OF THE TERRITORY Maria Coeli Simões Pires

  7. Issues: how to institutionalize metropolitan regions? As a new sphere of governance? Should it possess its own juridical character and political capacity? Should it be an administrative jurisdiction with or without juridical character? Should it be a region of planning? Should it be a region of special services? Should it depend upon an institutional arrangement for regulation? Who should create the metropolitan regions? Should the metropolitan governor be elected or nominated? Should it be a politician or an administrator? How to integrate local governments to metropolitan administration? Can it result in the amalgamation of municipalities? How can the population participate? What must be the strength of the votes of the members of the Metropolitan Councils and other jurisdictions? Government – Municipalities – Society – Productive Sector? Maria Coeli Simões Pires

  8. The ability of the Metropolitan Issue to cause a disturbance... “Municipality - açu (large)” “Estado - mirim (small)” Concentration of GNP, fiscal collection and voters Paradox – Concentration of ‘sore spots’ Several political actors tend to lose power with the reorganization Maria Coeli Simões Pires

  9. What is already acceptable (Edésio Fernandes) The ‘local’ in urbanization is the ‘metropolitan’ The metropolitan scale of settlement, sanitation, transport (TransMilenio in Bogota, Johannesburg) Metropolitan scale of formal and informal real-estate markets Necessity for economic efficiency and administrative rationality (effectiveness of public policies; transaction costs; urban governance) Necessity for sustainable development Necessity for the territorialization in the metropolitan scale of plans – strategic, regulatory, inductive/positive – and of public policies Necessity to create specific institutions and processes” Maria Coeli Simões Pires

  10. Elements still being debated(Edésio Fernandes) The nature of the metropolitan phenomenon Identification of the metropolitan interest The determination of the political quality of the decision-making process Financing metropolitan development – Who pays the bills, and how? Maria Coeli Simões Pires

  11. II – METROPOLITAN GOVERNANCE Models The international experience reveals several models of governance of metropolitan regions, which, basically, divide into two types: INSTITUTIONAL COOPERATIVE Maria Coeli Simões Pires

  12. METROPOLITAN GOVERNANCE MODELS Vertical or Compulsory (Institutional) Model Metropolitan Regions created or coordinated by regional or national body, within the terms of the Constitution vertical organization of the metropolitan region, through legislation edited by a competent body, independent from the municipalities’ consent Characteristic: Systemic and territorial governance Horizontal (Cooperative) Model Metropolitan Regions created or services generated by the agreement between local governments horizontal organization of the metropolitan area, based on the free association between the local governments. Characteristic: Governance through projects and through consensuses Maria Coeli Simões Pires

  13. International Experiences Canada: amalgamation of municipalities United States: multiple models; from voluntary agreements to regional authorities England: Greater London created in 1960; extinct in the Thatcher Gov.; re-created in 2000. Power of the economic argument: Global competition between metropolises induce processes of metropolitan integration (reduction of transaction costs) Maria Coeli Simões Pires

  14. III – Evolution of the Metropolitan regions within the Brazilian constitutional law – brief notes • Constitution of 1967 • Predicted in the Chapter about the “Economic Order” – art. 164 – economic nature of the institute • Legal competence of the Union • Concept of Public Services of Metropolitan Interest Maria Coeli Simões Pires

  15. METROPOLITAN REGIONS – Constitution of the Republic of 1988 Constitution of the Republic – “Chapter III Of the Federative States Art. 25 (...) § 3º - The States can, by means of complementary law, institute metropolitan regions, urban agglomerations and micro-regions, constituted by a group of bordering municipalities, to integrate the organization, the planning and the execution of public offices of common interest.” Maria Coeli Simões Pires

  16. Metropolitan Regions – Constitution of the Republic of 1988 Constitution of 1988 Predicted in Title III – “Of the Organization of the State” – federative nature of the institute Legal Competency of the member-State Concept of Public Services of Common Interest Maria Coeli Simões Pires

  17. Juridical Controversies Local Interest x Metropolitan Interest Entitlement of the Metropolitan Interest Public Services of Common Interest Municipal Autonomy State Autonomy Role of the Union Maria Coeli Simões Pires

  18. Three “strong points” of the controversy Direct Action of Unconstitutionality of 1842 Discussions about the Consortiation Law and the Sanitation Law Campaign of the Municipal Administrators Plans – Statute of the Cities Maria Coeli Simões Pires

  19. IV – MRBH  Revision of the recent metropolitan trajectory in Minas Constitution of the Minas Gerais State of 1998 and the origin of AMBEL Federal Constitution of 1988 attributed to the States the competency to legislate over metropolitan regions Inspiration in the metropolitan parliament, of Paris Prediction in the State Constitution of 1989 Regulation through the Complementary Law nº 26, of the 14th of January 1993 Maria Coeli Simões Pires

  20. Composition of AMBEL Complementary Law nº 26, of the 14th of January 1993 Representation of the Governor: 1 representative Representation of the Legislative Assembly: 1 representative Representation of the Mayors: 1 representative of each municipality Representation of the Municipal Councils: 49 municipal councillors There were no representatives of the organized civil society Maria Coeli Simões Pires

  21. Difficulties of the Model Formally, the power in AMBEL was with the councillors – disempowering executive powers The State and the big municipalities, underrepresented, distanced themselves Few meetings, operational difficulties for its functioning Lack of representation by an organized civil society AMBEL did not obtain legitimacy to promote metropolitan governance The large number of members (84) complicate convocations and discussions Maria Coeli Simões Pires

  22. Legislative Seminar – Metropolitan Regions (2003) 3 months of discussion in 5 cities of the State More than 1200 participants (deputies, mayors, councillors, secretaries of state, experts of the Government, NGOs, syndicates, professional entities, popular movements, etc) Approval of 194 proposals for the administration of the metropolitan regions Maria Coeli Simões Pires

  23. StateConstitution – Regionalization: New model (Amendment to the Constitution nº 40, of 25/5/2000) Of RegionalizationSubsection I – General Dispositions Art. 41 – The state will articulate regionally the administrative action, with the objective of: I – integrate the planning, the organization, and the execution of public offices, of common interest, in areas of intense urbanization; II – contribute to the reduction of regional inequalities, by means of articulated execution of regional and sectoral plans, programs and projects directed towards global development of the collectivity of the same geo-economic and social complex; III – assist the Municipalities of scarce conditions for socioeconomic propulsion, situated in the region, as to integrate to the development process. Maria Coeli Simões Pires

  24. State Constitution– Metropolitan Region and Governance Art. 46 – There will be in each metropolitan region: I – a Metropolitan Assembly; II – a Deliberative Council of Metropolitan Development; III – one Development Agency, with technical and executive character; IV – a Guiding Plan of Integrated Development; V – a Metropolitan Development Fund § 1° - The Metropolitan Assembly constitutes the collective body of superior decision and of representation of the State and the municipalities in the metropolitan region, consenting it to: I – define the macro-directories of the global planning of the metropolitan region; II – veto, by a resolution of at least two thirds of its members, resolution emitted by the Deliberative Council of Metropolitan Development § 2° - Equal representation is secured, in favour of deliberation, between the State and the Municipalities of the metropolitan region in the Metropolitan Assembly, in the terms of the complementary law. § 3° - The Deliberative Council of Metropolitan Development is a collective body of the metropolitan region in which competition occurs to: I – discuss about the planning and the execution of the public offices of common interest; II – elaborate a normative work plan for the implementation and execution of public offices of common interest; III – provoke the elaboration and approve the Guiding Plan of Integrated Development of the metropolitan region; IV – approve the rules of appropriation between the planning of the metropolitan region and the sectoral policies adopted by the public power for the region; V – discuss about the governance of the Metropolitan Development Fund. § 4° - The participation of the representatives of the State, the Municipalities of the metropolitan region and the organized civil society is secured in the Deliberative Council of Metropolitan Development. (Article amended by the art. 1º of the Amendment to the Constitution nº 65, of 25/11/2004.) Maria Coeli Simões Pires

  25. METROPOLITAN REGIONS – Complementary Legislation (State Constitution– Art. 42 and subsequent) Complementary Law nº 88, of the 12 of January of 2006 – PRESENTS A FRAMEWORK FOR THE INSTITUTION AND THE GOVERNANCE OF A METROPOLITAN REGION AND THE METROPOLITAN DEVELOPMENT FUND Complementary Law nº 89, of the 12 of January 2006 – FRAMEWORK FOR THE METROPOLITAN REGION OF BELO HORIZONTE Maria Coeli Simões Pires

  26. Baldim Jaboticatuba Matozinhos Capim Branco Lagoa Santa Taquaraçu de Minas Confins Pedro Leopoldo Nova União São J. Lapa Vespasiano Esmeraldas Santa Luzia Ribeirão das Neves 1.973 Florestal Sabará Caeté Contagem Belo Horizonte 1.993 Betim Juatuba Raposos Ibirité 1.999 Mateus Leme Igarapé São J. Bicas Sarzedo M. Campos Nova Lima Rio Acima 2.000 Brumadinho Itatiaiuçu 2.002 Rio Manso Itaguara METROPOLITAN REGION OF BELO HORIZONTE EXPANSION of the MR:

  27. Complementary Law nº 88/2006 – Mixed and Plural Model Art. 4 - (...) Single Paragraph. The State is responsible, within this Complementary Law, to execute public offices of common interest, directly or through: I – concession or permission; II – associative governance; III – cooperative accord. Art. 5 - Instruments for metropolitan planning are: I – the Guiding Plan of Integrated Development; II – the Metropolitan Development Fund. Art. 7 - The governance of the metropolitan region is accountable to: I – the Metropolitan Assembly; II – the Deliberative Council of Integrated Development; III – the Metropolitan Development Agency; IV – the state, municipal and inter-municipal institutions associated to public offices of common interest in the metropolitan region, in the level of strategic, operational and execution planning. Maria Coeli Simões Pires

  28. Metropolitan Governance Bodies • The governance of the metropolitan state is • accountable to: • I – the Metropolitan Assembly; • II – the Deliberative Council of Metropolitan Development; • III – the Metropolitan Development Agency; • IV – the state, municipal, and inter-municipal institutions associated • to public offices of common interest of the metropolitan region, • in the level of strategic, operational and execution planning. Article 7of the Complementary Law n. 88/06 Maria Coeli Simões Pires

  29. Other important changes: Creation of the Sub-secretary of Metropolitan Development, in Sedru Prediction of the Metropolitan Development Agency, of technical and executive character Creation of the Metropolitan Development Fund Maria Coeli Simões Pires

  30. Anticipation of the Metropolitan Strategy Planning – New Role for the State in the MRBH New role in the governance of the Metropolitan Regions by means of: • Rescuing an Effective Planning Strategy; • Presence in the metropolitan space as an inductor, regulator and articulator for the several bodies of Governance; • Participative governance Maria Coeli Simões Pires

  31. GOVERNANCE GROUP Instituted through the Decree nº 44.268, of the 30 March 2006, aimed at: I – Identifying the projects and planned actions for the metropolitan regions; II – Promoting the integration of action of the state bodies in the metropolitan regions; III – Proposing directives to accord the guiding municipal plans to the laws for the use and occupation of soil, within the municipalities that constitute the metropolitan regions, with programs and projects of common metropolitan interest; and IV – Make possible the structuring of jurisdictions, within the scope of the state, responsible for the governance of metropolitan regions Maria Coeli Simões Pires

  32. The metropolitan governancegroup is composed of: I – Secretary of State for Regional Development and Urban Policy; II – Secretary of State for Planning and Governance (coordination); III – Secretary of State for Economic Development; IV – Secretary of State for Transport and Public Works; V – Secretary of State of the Environment and Sustainable Development (Dec. nº 44.300, of 23/05/2006) GOVERNANCE GROUP - Composition Maria Coeli Simões Pires

  33. MRBHenvironmental and urban governance plan(Dec. nº 44.500, of 03/04/07) OBJECTIVE: Promote the sustainable development of the region, the preservation of its environmental activities and the adequate control of the use and the occupation of the metropolitan soil, integrating the planning and the execution of public and private actions, programs and projects. COORDENATION: It is the responsibility of the governance group to: promote the inter-sectoral coordination of the State and the bodies of the executive power of the state, with the bodies and entities of public administration, municipalities and with the segments of the civil society and the private initiative, whose action generates impacts on the territorial space of the MRBH. Maria Coeli Simões Pires

  34. METROPOLITAN GOVERNANCE Group 1st METROPOLITAN CONFERENCE IMPLEMENTATION OF THE INSTITUTIONAL ARRANGEMENT OF MRBH Planning and Articulation: Metropolitan Governance Group Maria Coeli Simões Pires

  35. V –Metropolitan Region of BH andState for Results Starting point: Commitment to the appointments of the Government Plan – Pact for Minas Maintenance of the vision for the future: “MAKE MINAS THE BEST STATE TO LIVE IN”. (PMDI 2003-2020) and observance of the long term strategy’s main directions Qualitative evaluation of the strategies of the first government of Aécio Neves Maria Coeli Simões Pires

  36. Contextualization – STATE for RESULTS: Basic Commitments Fiscal Quality Fiscal equilibrium as a pretext of governmental action Elevation of the strategic investment, simplification and clarification of procedures Efficient Governance Sectoral emphasis: quality and productivity of the sectoral expenditure and service to the citizen Results Monitoring and evaluation: performance of the Government, measured through the evolution of finalistic indicators Governance: Coordination of Government through Result Areas Incentives: Results Agreement of the body / contract through Result Areas Maria Coeli Simões Pires

  37. NETWORK OF CITIES • Secure the availability of quality public services at any point in the territory. • Development of a network of creative, dynamic, secure and well-kept cities, with a range of public and private services and host to urban amenities. • Increasing the national and international prominence of the MRBH. • Improvement and consolidation of the planning and administrative instruments of the municipalities in Minas Gerais. Competitive Territorial Integration Environmental Sustainability Equity and Well-being Integrated perspective if the Human Capital Investment and Business Network of Cities State for Results

  38. Key: Order 1 Global Metropolis Order 2 National Metropolis Order 3 Regional Metropolis Order 4 Regional Metropolis Order 5 Agglomeration / Urban Centre Order 6 Agglomeration / Urban Centre Order 7 Agglomeration / Urban Centre Order 8 Agglomeration / Urban Centre Network of Cities of Minas Gerais: 1999 Situation • Strategic Objectives: • Plan and administrate the development of the network of cities of Minas Gerais and accommodate its capacity of provision of services for education, health, sanitation, transport, settlement, access to internet, technological innovation, professional formation and environmental governance; • Strengthen the system for urban planning and governance, especially in the chief-cities; • Increase the national and international prominence of the RMBH; • Amplify the accessibility to basic social services and markets for the population of the municipalities of smaller capacity; • Promote the competitive territorial insertion of the network of cities of Minas Gerais in the geo-economically national spaces. Maria Coeli Simões Pires

  39. PERMBH –Metropolitan Region of Belo Horizonte • Objective Promote the integrated governance of the Metropolitan Region of Belo Horizonte, making it more competitive and elevating the quality of life of the metropolitan citizens. • Scope Provide the metropolitan region with instruments of integrated governance for public offices of common interest, notably the metropolitan transport system, the planning and administration of land use, and the expansion of the logistic infrastructure. Dissemination of the Choque de Gestãoin the municipalities of MRBH, with the incentive to use methods of public governance for results and fiscal quality Maria Coeli Simões Pires

  40. MRBH Structural Project Challenge Empower the utilization of the comparative advantages of the MRBH, with the effective implementation of metropolitan governance, creating synergy between municipal, state, and federal governments. Aim Promote the integrated governance of the Metropolitan Region of Belo Horizonte, making it more competitive and improving the quality of life of the metropolitan citizens. Drive the regional development. Maria Coeli Simões Pires

  41. PE MRBH Actions SIRUS – Integrated System for the Regulation of Land Use Environmental and Urbanistic Governance Plan of MRBH (guides and urbanistic actions) Implementation of the Metropolitan Governance bodies (Assembly, Council and Agency) Support Program for the Agrarian Regulation (with emphasis in Vespasian) Metropolitan Transport Corridors (Linha Verde, Duplicação MG-20, MG-424, Anel de Contorno do AITN/DER e Anel de Contorno Norte/DNIT) Actions for urbanistic control through integrated action with the Environmental System (application of the Police Power) Maria Coeli Simões Pires

  42. VI – Metropolitan Conference of MRBH and Implementation of Administrative Bodies

  43. Preparatory actions: Convocation for conference decree (11/06/07) Constitution of the executive commission (15/06/07) Accord with the ALMG Meeting for the articulation of the State secretaries and entities Illustration of the metropolitan governmental programs Lecture/Thematic meetings/Workshops Internal regiments of the conference, of the Assembly and the Council Regulation of the Assembly, the Council and the Fund Preliminary studies for the elaboration of the Law Project for the creation of the Metropolitan Agency METROPOLITAN CONFERENCE – Preliminary providences Maria Coeli Simões Pires

  44. Institutional arrangement for the administration of the MRBH implementation Metropolitan Conference Date: 20th and 21st of August 2007 Location: ALMG Release of the Parliamentary Front for the MRBH Ownership of the Metropolitan Assembly and the Deliberative Council of Metropolitan Development Signature of the decree for the regulation of the Metropolitan Fund Delivery of the Law Project for the creation of the Metropolitan Agency Maria Coeli Simões Pires

  45. Other “institutionalities” Parliamentary Front Metropolitan Forum Granbel Metropolitan Observatory Maria Coeli Simões Pires

  46. Metropolitan Assembly - Composition COMPLEMENTARY LAE nº 88/2006 ART. 10 - ... I - FOUR MEMBERS OF THE STATE EXECUTIVE POWER, INDICATED BY THE GOVERNOR OF THE STATE, AND A REPRESENTATIVE OF THE LEGISLATIVE ASSEMBLY; II - THE MAYOR AND THE PRESIDENT OF THE MUNICIPAL COUNCIL OF EACH OF THE MUNICIPALITIES OF THE MRBH. §1º - THE VOTE OF THE STATE REPRESENTATIVES IN THE METROPOLITAN ASSEMBLY WILL HAVE A WEIGHT EQUIVALENT TO HALF THE VOTES IN THE PLENARY.

  47. The deliberations of the council will be approved by the vote of two thirds of its members. SEARCH FOR CONSENSUS Maria Coeli Simões Pires

  48. VII – Public Offices of Common Interest and Metropolitan Agency Categories of public offices of common interest Planning Regulation/Control Information Provision of Services Maria Coeli Simões Pires

  49. Centralized Secretary of State (SEDRU) Direct autarky(Metropolitan Agency) foundation Decentralized public company mixed economy society Execution of public functions of common Indirectconcession or permission interest public consortium (public or civil association) Associative governancecooperation accord Deliberative jurisdictions Maria Coeli Simões Pires

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