Mecanismos para o fortalecimento da Federação brasileira

• Ano de defesa: 2015
• Autor(a) principal: Silva, Emanoel Maciel da
• Orientador(a): Santos, Marcelo de Oliveira Fausto Figueiredo
• Tipo de documento: Tese
• 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: BR
• Palavras-chave em Português: Constituição; Federalismo; Descentralização; Reforma federativa; Autonomia; Direito Constitucional Estadual; Desenvolvimento regional
• Palavras-chave em Inglês: Constitution; Federalism; Decentralization; Federal reform; Autonomy; State Constitutional Law; Regional development
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/6715

The Federation is the most appropriate form of state to democratic and geographically extensive countries. In Brazil the Federation emerged in 1889 in the wake of the Republic, and despite alternating as the political regime, it always remained as the form of government adopted by the Brazilian constitutionalism in the republican period. From the Reform of 1926, the national Federalism would never be what was originally within the Constitution of 1891. In fact, Democracy returned to the country in 1988. The build of an isonomic Federation was frustrated, because of the maintenance of an excessively centralized federalism inconsistent with democratic air coming from the Citizen Constitution. Thus, changes have to be made in order to harmonize the federative model. It is a fact that the homeland Federation presents itself immersed in crises arising from the relationship between the Union and others federal entities. The relationship between states is marked by financial tensions. Cooperative Federalism is very difficult to be effective. Then, it would be more appropriate sharing such powers to strengthen subnational autonomy and enforce the State Constitution in the use of regional potential. The need for federal reform is imperative. However, there is a serious obstacle, given that the rebalancing of the Brazilian Federation necessarily imply reduction of the Union's political power. The presidentialism makes the federal government seeks coalition for the formation of his parliamentary base, the National Congress, which guarantees governance and the maintenance of their interests. In Brazil the constitutional amendment process is done by deputies and senators in the constituent power functions derivative. Therefore, a National Congress, in which the federal government always bears the majority of votes, definitely not present as the most appropriate instrument to ensure the viability of a deep constitutional reform contrary to the interests of the Union. The Constitution will be reformed to admit more compatible with the democratic system. However, there is no political will for that. Thus, our proposal is that the federal restructuring manifested by the popular consultation on the convenience of being build a new Federal Constitution. After that then there would be further manifestation of constituent power, without congressional function, elected by the people, to exclusively produce a new Law Major in which it would be possible to strengthen the Brazilian Federation and carry out other key reforms demanded by the country, and which have not been approved by Power congressional