Article 09: BRAZILIAN FEDERALISM

• Autor(a) principal: Lourenço, Dra. Cláudia Luiz
• Data de Publicação: 2010
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/19
• topic: FEDERALISMO BRASILEIRO; ESTADO E FEDERAÇÃO; DIREITO POSITIVO BRASILEIRO; BRAZILIAN FEDERALISM; STATE AND FEDERATION; BRAZILIAN POSITIVE LAW

A State does not make itself known by adding or juxtaposing knowledge that can be produced on it. He is a reality process that makes it difficult to identify the limits of their own performance. In each society is constituted by a multiplicity of combinations of forces context. But the conception of the State always certain models, to explanatory forms of a rather empirical reality. complex, since it is a synthesis of innumerable social determinations, diffuse relations that only by a successive process of abstractions can be made autonomous, returning from there to the concrete for its understanding. No real concrete relationship.2 In the regulation of society, the state appears as the expression of the general will, the institution that intends to exercise the monopoly violence (Weber, 1972). Through the creation and use of norms,dimension of rationality, with the task of enforcing a ethical minimum in the relations between the individuals, being a locus of integration of theparticular wishes. The principle of the State lies precisely in the monopoly of legal protection and distribution of the right. Law without the State becomes innocuous; on the other hand, the state without the right becomes an arbitrary structure of power. At institution of the state we have two presuppositions, strength and reason. Strength as far as which implies the creation of a power that imposes a will of real scope coercive; and reason that is able to rationally elaborate the legitimacy of the State.The symbolic power of the State, however, is only effective insofar as it organizes itself and becomes coercive, for it alone assumes omnipotence, omniscience, andthe omnipresence. In this context, the State will prepare itself in a way that will satisfaction of the public interest by doing it in a centralizing or decentralization, according to their interest. Federalism asserts itself essentially as a model of state decentralization, built theory as well as by the empirical result of observations of actual experiences. It is believed that its effectiveness is linked to a well-established system of division of powers, since the most insignificant of the confusions in this sphere will affect the federal functionality.