THE OBLIGATION OF THE NEIGHBORHOOD IMPACT STUDY AND THE MUNICIPAL LEGISLATIVE OMISSION

This paper presents the dialogue between Environmental Law and Urban Law to build sustainable cities and it also provides a panorama of the Neighborhood Impact Study, presenting their differences and similarities related to the Environmental Impact Study. From concepts about property right and its social and environmental role and the application of the principles of prevention and precaution, the aim of this paper is to analyze the interface of the two disciplines, as well as to evaluate the obligation to present neighborhood impact study in case of municipal legislative omission. The methodology was based on an exploratory and qualitative research, using a hypothetical-deductive method and the bibliographic procedure. It was concluded that there is a need to edit the municipal law to maintain the mandatory presentation of the study, due to the local interest and the municipal jurisdiction, according to Article 30 of the Federal constitution in addition to the principles of legality and legal reserve, since article 36 of City Statute is not self-enforcing.