quinta-feira, 6 de fevereiro de 2014



* Marcia Cristina Diniz Fabro

The Constitution of the Federative Republic of Brazil in its article 1 , caption states: "
"Art 1 The Federative Republic of Brazil , formed by the indissoluble union of States and Municipalities and the Federal District , constitutes a democratic rule of law and is founded ( ... ) " ( emphasis added ) 1
In Article 18 of the Charter are:
"Art 18 . The political and administrative organization of the Federative Republic of Brazil comprises the Union , the States, the Federal District and the municipalities, all autonomous, as this Constitution. " ( emphasis added ) 2
An analysis of these two articles that glimpse Brazil adopted the Federal Government form .

The Federal form has four characteristics :
1 - Decentralization Policy .
The decisions are decentralized in the country .
Yes there is an entity called the Federal Union , in the case of Brazil .
Nevertheless there are decentralized political entities , which are States , Federal District and Municipalities .
Will assign this notion scrutinizing them .
In Brazil there are only four political entities.
The Union is the central one, subsequently there the States, the Federal District and the Municipalities ultimate .
Currently there are no federal land in our country , Brazil .
But through supplementary law federal territories can be created .
If these territories are created will join the Union
Thus , the territories have the legal authority .
Therefore , the territories are authority and can not be called politicians but administrative loved ones .
Let us form the second characteristic of the Federal Government in the next topic .
2 - Autonomy
Autonomy means that the Union , Federal District and Municipalities have the ability to :
2 - Capacity Self-Government ;
2 b - Capacity Auto administration;
2 c - Legislative capacity , and
D 2 - Capacity Self organization

As an example let's look at the state of Minas Gerais , has a capacity for self-government , which is represented in the figure by the State Governor ; capacity for self administration, as it has direct and indirect public administration, legislative capacity that is developed by the Legislature and last is capable of self administration that takes place through the diploma, which is the Constitution State of Minas Gerais .
Third Federal characteristic fashion .
3 - Form Indissoluble
The Federal form is indissoluble. Does not admit the right of that section is the possibility of separation from loved .
A Brazilian state has no right to secede from the Brazilian nation and become independent by becoming a country
This is an impediment to the Federal Form .
If a state propose to separate the legal situation of the country to avoid breakage of the federal pact would give via Federal Intervention .
Let us turn to analysis of the fourth and final feature of the federative form .
There should be a legislative body that represents the EU from member states .
This body is called the Senate .
The Senate represents the States before the Union
These are shortly summarize the main features of the Federal Power Form .
1 - http :/ / www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm Login: 02/06/14
2 - http :/ / www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm Login: 02/06/14

* Marcia Cristina Diniz Fabro : Lawyer, teacher (private): Master - USP , Labour Law (incomplete ) . Postgraduate : Civil Law and Graduate : Civil Litigation . Postgraduate Certificate in Law Público.Curso Law Tributário.Curso Imobiliário.Curso Law on Tax Procedure and Judicial Administration . Seminar on Accounting for Brazilian Advogados.Congresso of Constitutional Law . Course Collective Labour Law and Marketing Seminar XI . The Brazilian Institute of Criminal Law in the Prescription . Explanation on the progress of the new CPC Project and its impacts on Current CPC . CNJ National Council for Crime Justiça.Os Previdenciários.A Military Justice : Navy, Army , Air Force in CF . Childhood , Adolescence and Juventude.Os Crimes of Intolerance and War Between the Twisted Football . The Reform of the Penal Code and Sexuais.Participei Crimes Commission Privileges of the OAB / SP . Tribute in the book : In Defense of the Powers of Attorney II OAB / SP.Participei committee of Administrative Law of OAB SP Subsection Santo Amaro in 2012 .

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