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Article

Portuguese

ID: <

10670/1.ke2bro

>

Where these data come from
Impact of the Covid-19 pandemic on the Brazilian federation: decentralising the disfunctionality
Disciplines

Abstract

RESUMO This article presents the impacts of the decisions taken by the Brazilian State since the outbreak of the Covid-19 pandemic affecting the Brazilian federation. On the basis of the use of the historical method, it can therefore be shown that such an impact is different from that which had occurred since the enactment of the Constitution in 1988, since there is a decentralising movement which, at the moment, operates in the opposite direction to that of centralisation which it had already stabilised and followed, including by the case-law of the Federal Supreme Court (Federal Supreme Court). Such a change of dirego would be made to merge the role of governors and prefects by taking administrative and legislative decisions, on the one hand, and by decisions of the FTS, on the other, which creates an expectation of knowing whether such movements are merely possible or may be establishing a standard for the future of the Brazilian federation. In order to construct the arcabougo of grounds that support the results of the article, we have used a literature review, an analysis of the legislagao and the distribution of the competency in the Constitution of 1988, in addition to the recent case-law of the STF. It follows, on the basis of such events and in a manner that is not imperative, that there is a lack of planning in the process of decentralising the current and consequent intense competition between sub-national authorities and the national authority, which leads to an amplification of the hijack decisions of the municipalities and States, with new fungóes, such as relations with international organisations and the face of the pandemic, and a possible tacit constitutional reform in the Brazilian federation pact.

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