O federalismo dinÃmico regional: o processo federativo no constitucionalismo brasileiro

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

This study focuses on the federalism thematic, particularly on its effects on the constitutional protection of regionalism. The unsettled federalist matters are hereon introduced in a dynamic perspective, opposed to the static traditional view of federation and its theoretical consequences. The federalism is hereinafter colligated to the view of a juridical and political process, which creates balanced dialectical equations between unity and diversity. In this perspective, the federalist idea assumes a dynamic that grants the possibility to visualize it not only as a model of a Federal State constitutionally established, but as a modern experience of constitutional regionalism protection. This scenario also leads to a constant adaptation of the federalism constitutive pattern, which will depend on the influence of juridical and political factors that are based on historical federalizing process. The Brazilian federalism model was also developed during the maturing process of the constitutional experience, and, therefore, it has also been influenced by the mentioned factors. Taking the Centralized State model as an embryonic starting point, going through the period of federalism consolidation, its crises, retreats and progresses, up to the assimilation of the 1988 Federal Constitution, the Brazilian federalizing process established a peculiar constitutive pattern. One of its characteristics is hereinto specially analyzed: the regionalism as a determinant factor of the Brazilian federalism

ASSUNTO(S)

contituiÃÃo regional federalismo federalismo - processo polÃtico-jurÃdico direito constituiÃÃo-proteÃÃo

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