ADI and creation of municipality

"ADI and creation of municipality
The Chamber granted injunctive relief on direct action of unconstitutionality, to suspend the effectiveness of Law 2.264/2010, the State of Rondônia, to glimpse apparent offense to art. 18, § 4 of the Constitution, which establishes the prediction of the way in which there could be the creation of new municipalities in Brazil. The challenged rule created the municipality of Extrema of Rondônia, from dismemberment land area of ​​Porto Velho, had fixed its limits, as well as informed the districts that would integrate the municipality created. It was considered that, to date, not been enacted supplementary law allude art. 18, § 4 of the Constitution ("§ 4 The establishment, merger, fusion and dismemberment of municipalities far will be by state law, within the period determined by Federal Complementary Law, and depend on prior consultation by referendum the populations of the municipalities concerned, after the publication of Municipal Feasibility Studies, presented and published in accordance with the law "). They emphasized the peaceful Court's jurisprudence on the constitutional procedure for creation of municipalities, which was not observed in this species.
ADI 4992 MC / RO, rel. Justice Gilmar Mendes, 06/26/2013. (ADI-4992)
(Informative 712, Plenum) "
Access: 09.09.2013