A evolução do Estado Federal e a formação de sua identidade

• Ano de defesa: 2023
• Autor(a) principal: Perego, Leonardo Guimarães
• Orientador(a): Araujo, Luiz Alberto David
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Federalismo; Evolução; Elementos característicos; Centralização; Descentralização
• Palavras-chave em Inglês: Federalism; Evolution; Characteristic elements; Centralization; Decentralization
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/32638

The project aims the analyze of the Federalism, comprehending the process applied to the formation of the Federal State and the evolution which it has been submitted ever since. In order to achieve such purpose, the study intends to begin from the history itself, more specifically the methods of organization which the States had implemented through time and that, even in an initial form, have contributed to establish the foundations which the Federal State was founded. Based on such purpose, an attempt will be made to analyze the treatment granted by ancient Rome to the “foedus”, the structured that supported the feudalist society, in order to achieve the confederative regime and the main Confederations that history has presented us. Regarding the confederative model, a special attention shall be given to North American experience, abording the independence process and the period which the thirteen former colonies, now independent and sovereign, united under a Confederative structure, together with the main difficulties identified and the limitations of the current system to provide an answer or the necessary measures to solve them. Thus, the focus is now aimed to the context inherent to the Philadelphia Convention of 1787, its claim and purposes, as also the elements that supported the newly implemented Federation. Concluded the necessary historical approach, the study is now focused on the elements that granted the foundations of the federal structure, which enable a determined State to be characterized as a Federal State, and, by that specific reason, authorizing such elements to be characterized as constituent elements of federalism. Concluded the identification and the analyze of each one of these elements, the focus will be directed to the institutes of centralism and decentralism, together with the role that both play within the federative structure, especially regarding their influence in the delimitation of the federative model adopted, if characterized by a specific entity playing a protagonist role in the conduction of the main themes related to the State itself, or by a mutual and coordinated action of the Entities in the achievement of such tasks