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Article

Portuguese

ID: <

10670/1.jfkgjd

>

Where these data come from
Self-government and self-legislation of Member States in the jurisprudence of the Federal Supreme Court: direct actions of unconstitutionality and Article 25 of the Brazilian Federal Constitution

Abstract

The Federal State presupposes the sharing of state power between the Union, the central government and federal/national (executive, legislative and judicial) powers, on the one hand, and sub-national governments (member states, provinces or regions), sub-national federal entities and state or regional powers, on the other hand. Article 25 of the Brazilian Federal Constitution of 1988 clearly provides for the autonomy of the Member States provided that it is exercised in accordance with the rules laid down in the Federal Constitution. From a particularly quantitative analysis of all direct actions on unconstitutionality in the Federal Supreme Court in the period from 1988 to 2013, it can be concluded that there is greater protection of the powers of the Union, central government and national/federal state powers and that the competence and prerogatives of the Governor of the Member State are upheld. On the other hand, the Federal Supreme Court very intensively states that the rules of state constitutions are in breach of the Federal Constitution. This effect of the Addis is diminishing the manifestation of federal pluralism and institutional innovations, and greater attention should be paid to Land autonomy.

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