The police power exercised by the military firefighter body of Mafra in regulating buildings

Authors

  • Adriano José Marciniak Universidade do Contestado (UnC)
  • Vladimir Vilanova Moreira Universidade do Contestado (UnC)

DOI:

https://doi.org/10.24302/acaddir.v2.3096

Keywords:

Police power, Fire and Panic Safety, Fire Department, Nightclub Kiss

Abstract

This article aims to analyze the application of Law no. 16,157, of November 7, 2013, which granted police power to the Military Fire Brigade of Santa Catarina in the regularization of buildings in the city of Mafra/SC. To this end, it initially takes a historical approach, which mentioned that this rule brought huge changes in the requirements related to preventive systems against fire and panic. Unfortunately, the normative changes occurred due to the tragedies that occurred where countless people lost their lives like the fire at Boate Kiss, in Santa Maria / RS. Later, with data obtained from access to CBMSC systems, it was possible to access a vast field of data and collect relevant information to provide a reliable analysis regarding the validity of the standard and its actual application. The decisions handed down by the Santa Catarina Court of Justice have also been analyzed in order to maintain the requirements established by the Military Fire Brigade relating to preventive systems against fire and panic. This construction, through the monographic methodology with a deductive approach, and indirect bibliographic research techniques carried out through secondary documentation, based on the current legislation, doctrine, jurisprudence of the informational courts and archives of the Military Fire Brigade of Santa Catarina, allows to conclude , in the end, that the Police Power exercised by the CBMSC in the city of Mafra has contributed positively by providing greater security to people who generally use the buildings.

Author Biographies

Adriano José Marciniak, Universidade do Contestado (UnC)

Graduação em Direito, Universidade do Contestado (UnC). Campus Mafra. Santa Catarina. Brasil.  

Vladimir Vilanova Moreira, Universidade do Contestado (UnC)

Mestre em Ciências Jurídicas, Universidade do Contestado (UnC). Campus Mafra. Santa Catarina. Brasil.

Published

2020-12-02

How to Cite

Marciniak, A. J., & Vilanova Moreira, V. V. (2020). The police power exercised by the military firefighter body of Mafra in regulating buildings. Academia De Direito, 2, 756–774. https://doi.org/10.24302/acaddir.v2.3096

Issue

Section

Artigos