Qual é o sentido da Federação Brasileira? Uma análise de seus fundamentos

Abstract

The dissertation aims to study the foundations of the federation. More specifically, it seeks to examine and sustain the neutrality of federation as a form of organization of political power, both in its broader conception and in the specific context of the Brazilian legal order. In order to do so, we will examine the historical trajectory of the division of powers in Brazil to demonstrate that the greater or lesser dispersion of political power was ultimately an arrangement between the dominant forces and not an instrument of guaranteeing rights and enabling democratic values. The paper also seeks to analyze the phenomenon of the political division of power in three countries, showing that, keeping in mind the peculiarities of each one, this division also does not reveal a greater tendency for a democratic and rightsguaranteeing order. Going forward, the jurisprudence of the Federal Supreme Court has been the subject of a specific investigation into its position on federation as a material principle, leading to a tendency towards greater political decentralization or a neutral norm, on the axiological side. The Court does not count on a single position on the highest propensity of the federation to be the political arrangement apt for the protection of rights and democratic participation, albeit, quantitatively, its judges point to a formal interpretation of the constitutional text. Finally, the philosophical, political and legal aspects (in the strict sense of the federation) will be addressed, in order to support the inexistence of a direct and necessary link between the federal state and protection of rights and democracy.