contato@freitasebittencourt.com.br
(31) 3721-4232 | (31) 98710-4232

What is the role of an alderman?

21 de March de 2019

In this article, stay within the role of the councilman, as well as his functions, his rights, among others.

  • Who is the councilman?

The councilman is a political agent, elected by direct and secret vote of the population. He works in the Legislative Branch of the Municipal sphere, and thus has a role equivalent to what deputies and senators have in the broader spheres (States and Union).

  • What are their functions?

Its main function is to represent the interests of the population before the public power and therefore, has the competence to take care of the laws, being these in the municipal scope in which it belongs. Its main function is to represent the interests of the population before the public power and therefore, has the competence to take care of the laws, being these in the municipal scope in which it belongs. Some examples of matters that can be treated in law by a councilman are:

  1. Change, creation or extinction of municipal taxes;
  2. Creation of neighborhoods, districts and sub-districts within the municipality;
  3. Establish the so-called urban perimeter (the area of ​​the municipality that is urbanized);
  4. Suggest street names and avenues;
  5. Approve the budget documents of the municipality;
  6. Prepare, deliberate and vote the Municipal Master Plan;
  7. Approve the municipal education plan;
  8. To establish the rules of zoning, use and occupation of the soil;
  9. Determine the tipping of buildings as public patrimony, preserving the memory of the municipality.

Another function of the Alderman is to supervise the actions of the Executive, that is, to supervise the actions of the mayor. This is so that the Mayor’s power is not so high as to leave him above the law.

That said, the law expressly foresees some important duties of the aldermen in relation to the city hall, as:

  1. Supervise the accounts of the municipal government, in order to inhibit the existence of overpriced and overdue works;
  2. Directly supervise and control the acts of the Executive Branch, including indirect administration (for example, visit municipal bodies and make inquiries in writing to the mayor, who is required by law to provide clarifications within 30 days);
  3. Establish parliamentary committees of inquiry;
  4. Perform the so-called external control of the public accounts, with the help of the Court of Accounts of the State or Municipality responsible.
  • What are the rights of an alderman?

The councilman has some rights protected by the law, which are:

  1. Parliamentary immunity: Councilors can freely express their opinions without being threatened by judicial action, so that their ability to exercise their powers is limited (this does not mean that the councilman may commit hate crimes or condemn crimes);
  2. Right to resign: the councilor may resign as he or she wishes;
  3. Right to exercise another profession: the councilor may be a doctor, engineer, teacher, police officer, any profession, as long as this does not impair his activities as a councilor;

  4. Right to remuneration: an alderman receives allowance for his position in the City Hall. The amount of the subsidy varies from municipality to municipality, equivalent to something between 20% and 75% of the subsidy of a state deputy. The exact percentage will depend on the size of the municipality (article 29, section VI, CRFB).

Source: Site Politize
Dr. Athos Freitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MG 176.984

Site: http://freitasebittencourt.com.br/
Instagran: https://www.instagram.com/freitasebittencourt/
Facebook: https://www.facebook.com/freitasebittencourt/
Twitter: https://twitter.com/FreitaseBittADV
JusBrasil: https://freitasebittencourt.jusbrasil.com.br/

Compartilhar