Pedro Trovão do Rosário . THE FUNDAMENTAL RIGHT TO ARCHITECTURE

Abstract: Architecture is expected to materialize some of the fundamental rights of individuals and communities.

Architects are increasingly made responsible for this, which should be taken into account in their education, they should know about industry, organizations, regulations and procedures necessary to implement the projects and to integrate them in their planning. This requires that they also know the law on architecture, which should be studied and discussed at university and by the architects' association. Simultaneously, a Code on Construction is in urgent need that is coherent and adjusted to the activities of its most frequent users, and includes several scattered and sometimes opposing regulations as those on territory management. 

Finally, we consider that there is a fundamental right to architecture as a right to quality design and preservation of spaces and to solution to individual and collective existence. This right is connected to other fundamental rights, as that on the Dignity of the Human Being.

 

 

1. INTRODUCTION

 

 "Architecture is a fundamental feature of the history culture and fabric of life of each of our countries; that it represents an essential means of artistic expression in the daily life of citizens and that it constitutes the heritage of tomorrow," states the European Council Resolution of 12 February 2001

Architecture is designing and creating new spaces and solutions for individual and collective living. It presupposes well-being, physical integrity, personality development, health, environment and life quality, of intimacy and preservation of private life, the right to housing, social inclusion, citizenship, of ... elements that integrate the concept of human dignity.

It is not just "art" but rather an activity that influences the human rights of individuals.

Architecture is this relevant in view of its link to the fundamental rights and to its legal consequences.

 

If, in pre-history, the shelter was the most common construction and the core element in space organization, the "law" regulating it derived from myths and beliefs that had become custom. This is true for Law and for Architecture.

Both the size and choice of shelter and the definition of rule and its application followed indisputable rules for group members, i.e., the rules of behaviour and space organization were a consequence of social structure while, at the same time, ensuring that hierarchy. 

 

Law became increasingly complex so as to meet the new types of relations (among individuals, between individuals and their community, etc.)  that have developed with secondary societies (for instance, the State) and as human communities have developed, they have felt the need to improve their space organization and adapt it to the new needs, namely, of security, as evidenced in the development of military architecture.

 

So as to better illustrate the relation between Law, the legal and political organization of State/Community, and Architecture, space organization, let us consider the difference between architecture and urban space of Egyptians and Babylonians (based mostly on military, religious and housing architecture) and of Romans and Greeks, since the latter considered common space, civic coexistence and the city become more relevant. The polis. Here, due to a new political, social and legal organization, new spaces are developed where citizenship is pit in practice (for example, in the Greek agora) and, unlike in the dictatorship of previous societies (1) precedent is discussed and debate of ideas among citizens is fostered (2).

 

This is, we believe, sufficient evidence of the close relation between Architecture and Law in terms of their development and of the existing compromise between these two very important areas for the individual and for the community.

There are several sources, branches or areas of Law; Constitutional Law being a branch of  national public law  which includes the analysis and interpretation of constitutional rules, at the top of the regulatory pyramid (as described by Hans Kelsen), defining the organization and functioning of the power of the State (in its broad sense)and of public law in the sense that it ensures a list of human rights, therefore, fundamental rights (it may include regulations of International Law, such as the Universal Declaration of Human Rights, the European Convention on Human Rights or the Charter of Fundamental Rights of the European Union).  In 1948, for example, the concept of human dignity is inscribed in the Universal Declaration of Human Rights as inherent to human being; it had a tremendous impact on several constitutional texts.

To Gomes Canotilho constitutionalism is a theory lays down the principle of limited government, which ensures the rights of a community and can be used to limit power(3). The author then defines "modern constitutionalism as the political, social and cultural movement, which, especially since the mid-18th century, questions the traditional structures of political power from a political, philosophical and legal perspective and, at the same time, puts forth a new structure of political power. This constitutionalism, as the name indicates, is the opposite of the so-called old constitutionalism, i.e., a set of written principles at the basis of the rights of individuals in relation to its monarch, which simultaneously limit the monarch's power. These principles had become established over time - since the Middle Ages and up to the 18thc" (4)

According to Noberto Bobbio, “initially, the rights to freedom were established” (5), the so-called first generation rights. These are individual rights, mainly civil and political rights as means of limiting public power and safeguard individuals and their rights, i.e.,  "they were recognized as part of public freedoms, due to the fact that, at that time, there is one major concern: to protect people from the State's oppressive power". These rights were claimed and developed in the French Revolution (1789) (6), always based on the "limitation of the power of the State and a range of freedom for individuals in relation to the State” (7). These include the right to life, to physical integrity, to freedom of speech, to gather, to demonstrate, etc.

A second generation of fundamental rights will include economic, social and cultural rights with the rise of the Welfare State, in which the State ensures and guarantees these rights and equality among individuals.  These will also include the rights to health, to housing and to labour.

The right to environment and quality of life, to protection in infancy and old age, to protection by the disabled citizen, among others, are part of a third generation of fundamental rights, or social rights, common to humans because they derive from the new demands or new values aimed at the protection, not of the individual alone, but of the individual as member of a social community and, thus a collective or diffuse title”(8). Though not relevant for this text, there is reference to a fourth and fifth generation of fundamental rights due to the development of humankind in several fields, such as the social, genetic and technological fields(9): The fourth generation deals with genetic manipulation, biotechnology and bioengineering(10), aiming to safeguard human individuality and diversity of the human genome; the fifth generation includes the right to peace, and the legal dignity to peace derives from the universal acknowledgment  that this is a qualitative assumption of human coexistence, a means to preserve the species and a safeguard of rights”(11).

Therefore, considering that architecture aims to organize space and its elements, such as the organization, appearance and ordering of space, mainly urban space, we will analyse the relation between Architecture and Fundamental Rights and its consequences.

 

 

 

2. FUNDAMENTAL RIGHTS AND ARCHITECTURE

 

Firstly, we will analyse the Constitution of the Portuguese Republic in terms of the rights protected by the Constitution, which we will name "Fundamental Rights", notwithstanding the direct application of International norms under articles 8 and 16 of the referred Fundamental Law:

 

 

Article 1 of the Portuguese Republic

Portugal is a sovereign republic based on human dignity (12) and on the will of the people and committed to building a free, fair and cohesive society.

 

Article 24 Right to life (13)

1 - Human life is inviolable

2 - (...)

 

Let us consider the so-called "Aquaparque Case", in which the State was found accountable, in civil court, for the death of a child in a water park by asphyxiation caused by submersion in view of one of the pool's protective grid not being in its place. The court rulings of Process 0035211 (Tribunal da Relação de Lisboa - Lisbon Appeal Court - May 7, 2002, and Tribunal Judicial da Comarca de Lisboa - Lisbon Court - October 9, 2000) the behaviour of the State was negligent and wrongful in supervising water parks because it could not overlook the fact that these water parks must be licensed and authorized and that safety and surveillance conditions must be subject to regulation. The link between lack of legislation and damages caused have forced the State to pay damages to the parents for the death of their children.

Several sectors have stated, among which architects, municipal authorities, technical staff in public and private institutions, that legislation is lacking, as well as that it is sometimes scattered, incoherent, contradictory or incomprehensible for many people.

In the fulfilment of legally established duties to implement  and safeguard fundamental rights, the State has for long been required to approve a Building Code that substitutes scattered and sometimes contradictory rules and ensure coherence and integrates various and scattered regulations on territory management.

Another process which was also under media attention will evidence the importance and accountability of the architect in terms of construction. We will analyse the court ruling issued by  Tribunal Judicial da Comarca de Castelo de Paiva (Castelo de Paiva Court, 20 October 2006, Process 35/01 6GACPV), known as "Entre-os-Rios Case", on the partial falling down of the bridge over the river Douro called Ponte de Entre-os-Rios due to violation of technical regulations in changes to construction planning. On this issue, we emphasize the statements by Paula Ribeiro de Faria, in Comentário Conimbricense do Código Penal, page 915, who declares that "the legislature did not include references to building as a whole but to the several stages of construction. We must consider that the work should be planned and its construction supervised by qualified technical staff (project management)".  However, the court ruling states that "Firstly and according to the natural order of things, there is the planning stage. The construction usually presupposes a descriptive document of all the work to be carried out, tender specifications and the project. The architect's work is here included in that the architect designs and collects statistic and landscape data. Thus, in legal terms, the concept of planning is a construction stage, which implies and presupposes the existence of construction work that has been defined and decided upon. Planning is, as such, the planning of pre-defined and already decided work. As Leal-Henriques and Simas Santos indicate, in Código Penal anotado, 2nd volume, 1996, page 853, "planning is the project, the design, the drafting of the work".

The right to life includes architecture and may even depend on it.

The relation between architecture and another fundamental right is here made visible and its relation with others will be made evident; this confirms that there is a fundamental right to architecture, i.e., to quality in design, construction and preservation of spaces and solutions to individual and community living. This right is linked to other fundamental ones, from that of the citizen "consumer" to the architect, whose freedom of speech and cultural creation is at the basis of this professional's activity.

Moreover, this "fundamental right to architecture" is everybody's right. It is a universal right.

As any fundamental right, it poses a limit to public power, which cannot act with disregard for (see articles 266 and 277 of the Portuguese Constitution) the law or interest protected by the Constitution.

This right should therefore be considered, with many others, as those listed below included in the Portuguese Constitution, which public and private entities must respect:

 

Article 25 Right to personal integrity

1 - The individual's moral and physical integrity is inviolable

2 - (...)

This right must not be disregarded or violated and is personal right and cannot be waived, opposed to the State and to any other person. The State has also an obligation to protect so that nothing may foster disrespect for each individual's physical and moral integrity and... Architecture, architect's activities must impose and assume that duty to safeguard that integrity. Any other - holding no qualification or skill - acting in a space will more easily place in peril that respect for the right to integrity. The same applies to the reserve to privacy and to other personal rights laid down in our fundamental Law (article 26, paragraph 1), to consumer rights (article 60, paragraph 1(14)), the right to health (article 64, paragraph 1(15)), the right to housing and to town planning (article 65º (16)) and to the Environment and to quality of living (article 66(17)). Consider also the existence of provisions in the Constitution regarding fundamental rights on the specificities of the disabled citizen (article 71) and the elderly citizen (article 72).

It is easy to understand that the integration of the disabled citizen, of his mobility and development, his physical integrity, his privacy, his right to quality of living presupposes that space has been designed for his needs. The same is true for children and to elderly citizens... and all the other citizens.  

Because all citizens have the right to health, the space they live and work in cannot put that in danger, it has to be healthy, allow for the development of personality and ensure whoever uses the space - the consumer - that it has the necessary quality.

Cultural heritage, whose protection is laid down in the constitution and in International Law, should also be attended to. 

The rights of disabled citizens and the inclusion of the elimination of architectural barriers in the constitution is nowadays a universal concern, as made evident in the following provision of the Federal Constitution of Brazil from 1988:

 

Article 227. Family, society and the State shall ensure that, with number one priority, the child and the adolescent's right to life, health, food, education, leisure, qualifications, culture, dignity, respect, freedom and family and community coexistence; moreover, they will ensure that the child and the adolescent are safe from all type of neglect, discrimination, exploitation, violence, cruelty and oppression.

§ 1.º The State shall promote programs aimed at the full assistance to the health of both the child and the adolescent, being herein admitted: the participation of non-governmental organizations and fulfilling the following precepts

I - that a percentage of public resources be allocated to health in terms of maternal and child care;

II - that  there shall be  programs aimed at prevention and specialized attendance for persons with disabilities, the integration of the disabled adolescent disabilities by means of job training and regular contact with the rest of society, facilitated access to public goods and services, and also the elimination of prejudice and architectural obstacles.

 

The right to a sustainable polis has been considered a fundamental right. The right to a sustainable city is one of the assumptions for the effective dignity of the human person and is, thus, closely linked to the above mentioned rights (18). The well-being and quality of living of the current and future generations require compromises among Environment, Land Planning and Town Planning.

Architecture is, therefore, present in the daily life of all citizens. It ensures the fulfilment of fundamental rights and it may also place them at risk if it does not meet quality standards.

Decree 73/73 was repealed by Law 31/2009 in compliance to constitutional requirements, whether regarding any of the generations mentioned above, whether they aim at limiting or conditioning the action of the State (to protect the right to life, to freedom of speech, to physical integrity, etc.) or to implement second or third generation rights, social rights (such as the right to health and to the environment and to quality of living).

And, at the same time, not neglecting how important "Freedom of speech and information" is for the architect (Article 37. 1 - Everyone shall have the right to freely express and share their ideas and opinions through words, images or any other medium, as well as the right and the freedom to inform others, to inform themselves and to be informed, without hindrance or discrimination(19). 2 -T he exercise of those rights shall not be hindered or limited by any type of censorship.3 - (...)) and the "Freedom of Cultural Creation” (Article 42. 1 - There shall be  freedom of  intellectual, artistic and scientific creativity.2 - This freedom encompasses the right to create, produce and disseminate scientific, literary and artistic work, including copyright.) and for the University, the “Freedom of learning and teaching” (1 - There shall be freedom to learn and to teach.2 - The State shall not plan education and culture in accordance with any specific philosophical, aesthetic, political, ideological or religious guidelines.3 – (...))

However, these freedoms, and in particular that of choosing a profession and access to public service (article 47 of the Constitution (20)) may not affect the above-mentioned fundamental rights. This means that access to the professional activity as an architect must consider the need to safeguard other fundamental rights.   

 

 

 

 

3. Consequences in terms of teaching and of professional practice (access and exclusivity)

 

 

The UNESCO  Charter/ International Union of Architects (21) approved in General Assembly in 2011 in Tokyo, concluded that education in Architecture (including planning) is essential and should observe and even take advantage of different teaching/learning methodologies. The role of universities is, therefore, of crucial importance and it is vital that a fundamental right, that of the freedom to learn and teach, is respected and the State cannot "plan education and culture in accordance with any specific philosophical, aesthetic, political, ideological or religious guidelines"(22).

This freedom will surely be one of the features of the Architect as a creator, as an artist, free to express and design his or her work and the University's role is to provide the architect with the information and the knowledge required to practice this profession.

Knowing about the Law, of the diversity of legal regulations, is an important part of that knowledge so that the architect may correctly apply a legal requirement and know the restraints it imposes. This, together with the State's duty (23) to approve a ,Building Code, which will include and make coherent different guidelines (legal(24) and regulatory) that were scattered, loose, general or sectoral. Considering integrating several land management  tools, using the several resources that citizens and architects have at their disposal to act and not place at risk  and under their responsibility the due legal safety and the fundamental rights of the citizens.

In the uncompromising defence ofArchitecture, the Architect Association, especially after 2002, has promoted several actions so as to repeal Decree-Law nº 73/73, available at http://www.arquitectos.pt/?no=202058718%2c100(available on 25 July 2015), substantiated by legal opinions, as that by Professor Doutor Diogo Freitas do Amaral. This author considered social and legal (constitutional, community and legal) grounds, referring to the "acknowledgement of the social importance of architecture, exercised by an increasing number of professionals, has corresponded to the State's understanding of the legal importance of establishing basic rules for accessing and practicing the profession by means of an association. This acknowledgment would allow for only those who have the necessary qualifications, in view of the criteria established by the Association, to be able to practice architecture". This became the basis for the Bill on architecture, Arquitectura: um Direito dos Cidadãos, um Acto Próprio dos Arquitectos (partial amendment of Decree-Law 73/73, of 28 February) a citizen initiative registered under number 183/X (25).

One of the fundamental rights mentioned above is different from all others (and I do not aim to discuss the dichotomy between economic, social and cultural freedoms, guarantees and rights): the right to free access to the profession.

Professional public Associations, as the Bar Association, the Medical Association or the Architect Association - among others - have the legal right / duty to ensure that their members meet the requirements to exercise that specific professional activity.

Considering the nature, laid down in Article 47 of the Portuguese Constitution (included in the “Rights, Freedoms and Guaranties”), is of the exclusive competency of Parliament - Assembleia da República - (except if the Government is granted authorization to legislate on this legal regulation - articles 165/1/b) and 18 /2 and 3 of the Portuguese Constitution. The Architect Association is responsible for the register and for awarding architects their professional title, as well as determine if their members hold the necessary skills to practice architecture; however, its scope of action is clearly laid down in the law, namely, in terms of the freedom to choose a profession (25).

The Architect Association regulates the practice of the profession of architect in Portugal, under Decree-Law n.º 176/98, of 3 July, which includes the  Architect's Statutes. This binding rule is laid down in paragraph 1 of article 47 of the Portuguese Constitution. Under article 5 (paragraph 1) of the Statute, "Applicant members are those holding a Bachelor Degree or equivalent in architecture, recognized under the legal terms and this Statute.", and in paragraph 2, it is stated that "The applicants mentioned in the previous article may be required to do a traineeship and admission exams". Article 30/2 of the referred Statutes lays down that "The regional councils are responsible for applicant admission: a) Verify that applicants hold the qualifications described in article 3 of Directive n.º 85/384/CEE of the Council; b) Organize and assess the traineeships and admission exams; c) Elect among peers three delegates to the regional council of delegates".

Article 42 of the Statute stipulates, under the title "Practice of the profession"

1 - Only those architects who are members of the Architect Association may use the professional title of architect and act accordingly in national territory.

2 - For the purpose of becoming a member, architects shall prove to possess the skills and qualifications described in article 3 of Directive 85/384/CEE of the Council and the diplomas certifying the qualifications.

3 - Activities pertaining to the practice of architecture include studies, projects, plans and activities of consulting, management and supervision of construction, planning, coordination and evaluation in architecture, which encompasses construction, town planning, design of space for the community so as to foster integration of human activities in a territory, the enhancement of built heritage and of the environment.

4 - The intervention of architecture is mandatory in the designing or evaluation of projects and plans in the scope of architecture.

 

Considering the provisions above regarding the actual protection of fundamental rights of citizens, developed by several legal rules, by the professional accountability of architects, the enhancement of the exclusive nature of the architect's competency for the practice of actions has legal knowledge about.

All binding legal rules on property (article 62 of the Portuguese Constitution), on architects' freedom of speech and freedom of cultural creation exist to safeguard another fundamental right (article 18, paragraphs 2 and 3). Therefore, lack of knowledge or misinterpretation of this law will foster the violation of a fundamental right of a citizen or community. This will lead in accountability of that responsible for "organizing space and its elements, such as organization, appearance and ordering of space, especially urban space".

 

 

 

 

4. Conclusions

 

We believe that the relevance of architecture has been proven. It is an integral part of several fundamental rights, whether individual (such as the right to life and the right to physical integrity), of the community (among others, the rights of consumers or to the environment and to the quality of living) or of the architect him/herself (freedom of speech and freedom of cultural creation).

 

Article 3, paragraphs 2 and 11 of Directive nº 85/384/CEE of the Council lays down that The training leading to awarding of diplomas, certificates and other titles referred to in article 2 must be of university level, and of which architecture is the principal component. That training must maintain a balance between theoretical and practical aspects of architectural training and guarantee the acquisition of  (2) adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences (…).adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts in construction and of integrating plans in the planning. Hence, the need to learn about the Law.  Hence, the need to understand the Law. An architect is not a legal professional but should know about the law for the sake of his or her fundamental rights and those of citizens and of the community. The architect will be The professional with competency for organizing space and its elements, such as organization, appearance and ordering of space, especially urban space This requires knowing the legal regulations, which should be assessed by the universities and by the professional public association regulating the practice of the profession of architect in Portugal.

 

Simultaneously, the State is required to quickly approve a Building Code that is legible and integrates the scattered and sometimes contradictory rules and thus allowing for coherence among the several land management tools in place in order to public and private entities, as well as citizens and architects, act in regard to fundamental rights.

 

Finally, we consider that there is a fundamental right to architecture as a right to quality design and preservation of spaces and to solution to individual and collective existence. This right is connected to other fundamental rights, as that on the Dignity of the Human Being.

 

 

 

Footnotes

 

(1) At the peak of the Babylonian empire, in the reign of king Hamurabi (1728-1686 a.C.), an absolute king, one of the oldest laws in the world was written, the Hamurabi Code, which applied the law of talion: an eye for an eye, a tooth for a tooth".

(2) For Aristotle, the polis should improve life. According to this Greek line of thought, polis is viewed as part of human fulfilment.

(3)Canotilho, J.J. Gomes, in “Direito Constitucional e Teoria da Constituição” – 2nd ed., Livraria Almedina, Coimbra – 1998, page 45.

(4) idem

(5)BOBBIO, Norberto, in “A Era dos Direitos” – Elsevier Editora, lda, 2004.

(6)And The Magna Carta, or Magna Charta Libertatum, seu Concordiam inter regem Johannen at barones pro concessione libertatum ecclesiae et regni angliae (Great Charter of Liberties or the agreement between King John and the barons assigning the freedoms of the Church and of the English king), of 1215, among other agreements throughout the centuries that allowed to limit political power and have led to constitutionalism.

(7)BOBBIO, Norberto, in “A Era dos Direitos” – Elsevier Editora, lda, 2004.

(8) idem

(9)Among others, OLIVEIRA, Samuel Antonio Merbach de, “A Teoria Geracional dos Direitos do Homem”. Available at:http://www.theoria.com.br/edicao0310/a_teoria_geracional_dos_direitos_do_homem.pdf, available on 22 April 2015

(10) see article 1 of the  Universal Declaration on the Human Genome and Human Rights, UNESCO.

(11)BONAVIDES, Paulo in “A Quinta Geração de Direitos Fundamentais”. Available at:http://www.theoria.com.br/edicao0310/a_teoria_geracional_dos_direitos_do_homem.pdf, available on 22 April 2015

(12) My underline.

(13) Among others, article 3 of the Universal Declaration of Human Rights; article 2 of the European Convention on Human Rights or article 2 of the Charter of Fundamental Rights of the European Union;

(14) 1 - Consumers shall have the right to quality in the goods and services that they consume, to education and information, protection of health, safety, and compensation of damages .(...)

(15)1 - Everyone has the right to health protection and the duty to defend and promote it (...)

(16)1 - Everyone has the right to accommodation that is adequate in size, that is hygienic and comfortable, and that offers personal space and family privacy.2 - To ensure the right to accommodation, the State must: a) define and implement a national policy for accommodation as part of a general spatial planning policy, based on town planning that ensures an adequate transportation network and social equipment ; b) Foster, together with the autonomous regions and local authorities, the construction of a subsidized housing scheme c) promote private construction as well the accessibility of home ownership or rental contracts; d) Promote and support the initiatives of the local communities, and the people so as to resolve housing issues and foster the creation of housing cooperatives and do-it-yourself construction.3 - The State shall implement a policy to define a rental systems adequate to family income and access to do-it-yourself construction.4 - The State, the autonomous regions and local authorities define the rules of occupation, use and alteration of urban soil, namely through planning in the legal framework for land organization and town planning and for successful property expropriation in the public interest. 5 - Participation by all the stakeholders in the design of urban planning tools and of any other territory planning tools is ensured.

(17)1 - All have the right to a human, healthy and ecologically balanced life environment, and the duty to defend it.2 - To ensure the right to the environment, in the framework of sustainable development, the State must,  by means of their own institutions and with the involvement and participation of the citizens: a) Prevent and control the pollution and its effects and damaging erosion; b) Organize and foster land management considering a correct placement of activities, a balanced socioeconomic development and the enhance landscape; c) Create and develop natural and leisure reserves and parks, as well as classify and protect landscapes and locations so as to ensure nature conservation and the preservation of cultural values of historical or artistic interest; d) Promote the rational use of natural resources, safeguarding their ecological renewal and stability, respecting the principle of intergenerational solidarity ; e) Promote, together with local authorities, the environmental quality of villages and urban areas, namely in terms of architecture planning and the protection of historical areas; f) Promote the inclusion of environmental objectives in sectoral policies; g) Promote environmental education and the respect for the environment; h) Ensure that tax policy reconciles development  and environmental protection and quality of living.

(18)see recommendations of the Athens Charter (International Conference on Modern Architecture, 1931).

(19)N.º 1 of article 37, amended by n.º 1 of article 29 of the Constitutional Law n.º 1/82 of 30 September. First review of the Constitution (DR 30 September).

(20)1 - Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation, except for the restrictions provided for in the interest  of the community or his or her capacity.

(21)The Portuguese Architect Association is represented here.

(22)article 43 of the Portuguese Constitution, transcribed above.

(23)See  article 283 of the Portuguese Constitution.

(24)See, among other examples, the effectiveness of Decree-Law n.º 38382, of 7 August 1951, which approved the General Regulation on Urban Construction.

(25)Loose-leaf n.º 34/X of Diário da Assembleia da República, of 25 January 2006

(26)This includes the ruling issued by the Supreme Administrative Court, Judgement of 21 March 2013 -  Process 01239/12

 

 

 

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CANOTILHO, J.J. Gomes, “Direito Constitucional e Teoria da Constituição” – 2ª ed., Ed. Almedina – 1998

 

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Pedro (Gonçalo Tavares) Trovão do Rosário

www.trovaodorosario.pt     ptr@trovaodorosario.pt

 

Holds a PhD in Law (Constitutional Law - Political Law), has been a university lecturer since September 1991.  Has lectured at Bachelor, Master and PhD levels. Director of "Ratio Legis" - "Centre for Research and Development in Legal Sciences at UAL - Universidade Autónoma de Lisboa. Has supervised PhD theses and Master dissertations in Portuguese and Spanish universities;  has been a Member (President, Examiner or Jury Member) of Master and PhD juries in Law at Portuguese and Spanish universities; is a Member of the Scientific Council at Universidade Autónoma de Lisboa; is a Member of the Scientific Committee of the Department of Law at Universidade Autónoma de Lisboa; is a Member of the Scientific Commission of  the Department of Economic and Business Sciences at Universidade Autónoma de Lisboa; is a Member of the Scientific Committee of the journal on law (JURISMAT) of Instituto Superior Manuel Teixeira Gomes (ISMAT)

He also practices law.