Impacto da pandemia da Covid-19 na federação brasileira: descentralizando a disfuncionalidade
This article addresses the impacts of the decisions by the Brazilian State since the beginning of the COVID-19 pandemic and how these have affected the Brazilian federation. With that in mind, and from the use of the historical method, this work proposes that the impacts derived from this situation...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7873147 |
| Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 19, Nº. 40, 2020 (Ejemplar dedicado a: Edición especial), pags. 225-242 |
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| Summary: |
This article addresses the impacts of the decisions by the Brazilian State since the beginning of the COVID-19 pandemic and how these have affected the Brazilian federation. With that in mind, and from the use of the historical method, this work proposes that the impacts derived from this situation come from a different direction from what occurred since the promulgation of the 1988 Constitution, given that there is a decentralization movement that, at this moment, operates in the opposite direction to that of centralization —which had already stabilized and managed to thrive—, even in the jurisprudence of the Supreme Federal Court. This change in direction would be the result of the role of local governors and mayors in administrative and legislative decision-making, on the one hand, and the decisions taken by the Supreme Federal Court, on the other, which create expectations on whether such movements are merely occasional or might be setting a standard for the future of the Brazilian federation. To study this phenomenon, a bibliographic review, complemented with a thorough analysis of the national legislation, the distribution of competences enacted in the 1988 Constitution, and the recent jurisprudence of the Supreme Federal Court, was performed in order to build the theoretical framework that supports the results of this research. Consequently, this work highlights the lack of planning in the current decentralization process and the consequent intensification in competition between subnational entities and the national entity, leading to an expansion of decision-making spaces for municipalities and states that entails new functions, such as relationship management with international organizations and deal with the pandemic, in addition to a potential constitutional reform in the Brazilian federative pact. |
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