Competências concorrentes sob a ótica do Supremo Tribunal Federal: fundamentos jurisprudenciais da federação brasileira

Abstract

The present thesis is based on an analysis of decisions of the brazilian Supreme Court related to concurrent administrative and legislative powers, in order to clarify the interpretations conferred to constitutional provisions connected to them, as well as standards used to solve conflicts between said powers. The metodology employed involves, at first, the gathering of cases through a search tool found in brazilian Supreme Court website, supplemented by the ones shown in the book “A Constituição e o Supremo”, to analyse and classify, in sequence, these cases according to the subject addressed, discovering their main rationale – their so called “ratio decidendi”, which’ll be then subject to systematization in each of the respective groupings through the use of inductive reasoning. This effort seeks, among other objectives, to help legal practitioners and the legal community as a whole at understanding the labyrinth of – sometimes confusing and even arbitrary – precedents, allowing a more grounded and critical look at the opinions wrote by the justices of the brazilian Supreme Court concerning federal powers.