A competência da união para editar normas gerais: vinculação aos princípios fundamentais e aos objetivos do estado

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This study deals with the competence of the Union to decree general rules. It discusses the introduction of such a competence in the Brasilian juridical regulation and its legislative evolution to pass further and focus on the analysis of the Federal Constitution of 1988 and the role of the general rules as a legislative device to plan, integrate and equalize those government actions which aim to render effective the fundamental principles and the objectives of the state recorded in the 1st and 3 rd articles of the Constitutional Chart. It is here pointed out that the Federal Consitution of 1988 erects a new architecture for the political power, so much so that its tent settles fundamental principles in art. 1st, I to V, and fundamental objectives for the Federal Republic of Brazil to comply with in art. 3rd, I to IV, the State thus not being an end in itself , but becoming the means to make constitutional objectives concrete reality. This new composition of political power was engendered in the constitutional body through mechanisms empowering the state to order, coordinate and project its achievement in the future by the agency of the State political entities, the practice of which in connected from the distribution of competences to the manner of exercising it. From this new structure of political power derives the interpretation espoused here that Chart of 1988 institutes four juridical ordens: that of the nation, of the federation, of the individual states and of the municipalities. The national juridical order assumes a new attribution: to divulge through general rules subjects of national interest, the material contents of which is made up of subjects related to the fundametals and objectives of the State

ASSUNTO(S)

direito administrativo -- brasil fundamentos e objetivos normas gerais brasil -- direito constitucional gerneral rules fundamentals and objectives brasil -- [constituicao (1988)] constituição de 1988 direito constitution of 1988

ACESSO AO ARTIGO

Documentos Relacionados