“Federalismo Interventivo”: intervenção federal e sua banalização

Abstract

This paper aims to analyze the application of the Federal Intervention Institute in the federative entities of Rio de Janeiro, Roraima and Brasília. Federal intervention has a specific list of material aspects for the implementation of the institute. Furthermore, it is used in an exceptional and temporary manner because it directly confronts and removes the autonomy of the federative entities that may need the institute. The federalist system is characterized by decentralization, allowing political, administrative and legal autonomy to the federative entities. This autonomy is the rule. Any act carried out by the State that removes this rule must be legally foreseen and based on the constitutional norm. The theoretical option chosen for this work was the Material and Formal Assumptions of Federal Intervention in Brazil, written by Enrique Ricardo Lewandowski. When analyzing the three intervention decrees, even though they obeyed the material parameters, there was arbitrariness through the use of a material aspect, which is the aspect “putting an end to serious compromise of public order”. The methodology used was a deductive analysis, using bibliographic study techniques with a focus on Federalism, the form of government that this system adopts, as well as the exceptions accepted by the norm to remove one of the main attributes of its entities, autonomy. It is concluded that the federal intervention in the states of Rio de Janeiro and Roraima was used through the generalization and trivialization of the material aspect provided for in the Constitution, “public order”. The intervention decrees that occurred in these states are considered political acts, that is, there is arbitrariness and interest of the public agent when drafting the decree, the objective not being to protect and preserve the Brazilian federative form but rather to meet political interests.