O federalismo cooperativo e a reserva do possível no âmbito da saúde, educação e segurança públicas

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

11/10/2012

RESUMO

This thesis approaches the main instruments of intergovernmental cooperation designed as a form of expression of cooperative federalism. In this vein, from the findings that the 1988 Constitution divided the material and legislative jurisdictions of the political entities based on the principle of the predominance of the interests in dispute, this work aims at analyzing the need for cooperation among the members of the Brazilian Federation towards the effective promotion of the constitutional purposes. Hence why this thesis, after describing the state s development since its inception, undertakes scrutiny of the various current state models and detects the growing trend of political and administrative decentralization due to solidarity in the implementation of social policies, especially in education, health and public safety. It is therefore possible to conclude that the method applied to this work is analytical, for it dissects all the problems regarding the achievement of public interest under the cooperative ideals, facing from the curtailment of federal funds through the bureaucratic or regulatory obstacles that hinder the creation of metropolitan areas, the signing of cooperation agreements and the establishment of consortia. The innovation that this work intends to bring to the legal science refers to the development of a new limit to the possible application of the reserve for contingencies, guided by the need to completely use all the instruments of intergovernmental cooperation made available for federal entities. Thereby, it is stated that there is no mere right or faculty to explore the instruments of cooperation, but the duty thus granted to the Government of implementing them in sight of the principles of supremacy and unavailability of public interest, as well as the maximum effectiveness of the fundamental rights, especially the social rights, at risk of broad legal and constitutional accountability

ASSUNTO(S)

federalismo cooperativo direito instrumentos de cooperação intergovernamental reserva do possível cooperative federalism intergovernmental cooperation instruments reserve for contingencies

ACESSO AO ARTIGO

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