. A competência legislativa municipal para assuntos de interesse local: análise da constitucionalidade do Estatuto da Segurança Bancária de Fortaleza (Lei n° 9.910/2012)

Abstract

This paper analyzes the constitutionality of Municipal Statute Law nº 9.910, dating from 07.25.2012, which instituted the Statute of Banking Security in the municipality of Fortaleza, demonstrating that its subject is part of the local interest of the municipality in regard of consumer protection, situation that must not be confused with the core activities of financial institutions. Hence, it is mandatory to examine the Brazilian federalist model, as well as the constitutional ruling of the Municipalities, which includes its competence to legislate on "local interest" matters. Therefore, at a later stage this paper discusses the issues of competences division in the 1988 Brazilian Constitution and the interpretive methods (both doctrinal and jurisprudential) that are used in case of conflict between federal and municipal statutes regarding matters of concurrent competence. This conundrum may be seen in the expression “local interest”, which is the incidence range of municipal legislative competences.