Limites de velocidade nas vias marginais de São Paulo: qual o papel do direito na definição de uma política pública?
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Data
2017-05-10
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Machado, Maíra Rocha
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Speed is an important element in our culture, often associated with positive values such as productivity and efficiency. However, when applied to traffic, it is one of the main risk factors either for the occurrence or even the severity of accidents. For this reason, the management of speed limits has gained more and more relevance not only at the global debate on road safety, but also in the scope of the international agendas dedicated to the promotion of development in general. Therefore, with this reality in mind, the present dissertation studies the regulation of the speed limits in 'Marginal Pinheiros' and 'Marginal Tietê', two important avenues of São Paulo, the most populated city of Brazil. To achieve this goal, it examines the period between July of 2015, when the Administration of former Mayor Fernando Haddad (2013-2016) reduced the speed limits, and February of 2017, second month since the Administration of Mayor João Doria (2017- ) partially restored to previous levels. The main objective of this investigation is to carry out a case study that seeks to articulate the regulation in reference with the use of legal instruments by specific actors that pursued the repeal of both the increase or the decrease of speed limits. In this last respect, the study considers three main subjects, that are: (a) the lawsuits filed by the Bar Association of São Paulo (Ordem dos Advogados do Brasil, Seção de São Paulo) and the Association of Urban Bikers of São Paulo (Associação dos Ciclistas Urbanos de São Paulo), both against the Municipality of São Paulo; (b) the legislative project presented by the city councilman Eduardo Tuma (PSDB); and finally (c) the government programs presented by candidates who disputed the city elections of 2016 and 2012. This research intends to contribute to the Law and Development literature by offering a study on how legal instruments can be used to implement and also to strengthen or to repeal public policies.