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- Title
PANORAMA DOS CONFLITOS FEDERALISTAS NA VISÃO HERMENÊUTICA DAS DECISÕES DA SUPREMA CORTE BRASILEIRA (STF).
- Authors
PRAIA DE LIMA, HELTON CARLOS
- Abstract
Objective: The article analyzes federalist conflicts at the heart of the Federal Supreme Court (STF), privileging the hermeneutic aspect of procedural decisions. The study is justified because it is understood that the Brazilian Constitution of 1988 proceeded to the political and administrative structuring of the Federative Republic of Brazil, constituted by the Union, States, Federal District and Municipalities, in an autonomous manner and with its own competences regarding the government and administration, aiming at public management; however, there are several constitutional / legislative disputes that occur in the instances of the powers in search of solutions to guarantee the harmonization of the federative pact. By sampling, those judged on the federalism theme are selected; identifying which conflict matters, legal competences and results; as well as the form of relationship and power between the plaintiff and defendant. Methodology: The methodology used was descriptive, bibliographic, documentary research, with content examination and analysis of the jurisprudential content of the decisions of the Full Court of the STF, contained in the STF website. Only judgments judged to be valid were selected, which contained in the menu the terms: "federalism" and "federative pact", from May / 1990 to December / 2020, with the rest not being interesting for the theme. Results: The profile of the decisions revealed a large number of federalist conflicts between States in search of increasing their revenues (65%), indicating little interest in the destination and control of public spending (35%), not matching the constitutional and democratic principles pertinent to the current Brazilian reality. Contributions: The main contribution of the work consists of identifying the Brazilian federative conflicts and solutions presented in the decisions of the STF, aiming to contribute to proposals for the reconstruction of a more egalitarian federal / governmental order capable of guaranteeing equal rights for all.
- Subjects
BRAZIL; PUBLIC administration; LEGAL judgments; FEDERAL courts; PUBLIC spending; APPELLATE courts
- Publication
Revista Jurídica (0103-3506), 2021, Vol 5, Issue 67, p357
- ISSN
0103-3506
- Publication type
Article