An analysis about smart cities based on Brazilian Constitutional Law

Abstract

The basic premise of this article is to relate "smart cities" and the 1988 Federal Constitution, taking as theoretical and critical axes the emancipation and regulation binomial of Boaventura de Sousa Santos, as well as the thematic axis of Public Administration. The categories of Constitutional Law analyzed were the classification of Constitutions in culturalist and directive senses, the movement of the New Latin American Constitutionalism, and the distribution of competencies. The objective of this article is to present the concept of Smart City and analyze it from the perspective of the 1988 Federal Constitution and Brazilian legislation. The method used was deductive and hermeneutic, through qualitative research using bibliographic research technique. It critically analyzes how the emancipatory dimension of the Constitution relates to technological regulation in the scenario of Smart Cities. It was concluded that the conception of Smart City still occurs in a scenario of disregard for constitutional technology, rewarding productive and economic efficiency. The vision of the Smart City as a space exclusively destined for technological protagonism and citizenship as a secondary factor needs to be reconsidered.