The constitutional limits of the powers of the federative entities

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The promulgation of the Federal Constitution in Brazil in 1988 marked the beginning of a democratic regime and the birth of a new State, constituted by a new model of federalism – the result of a process of disassociation from a unitary State. Thus, as established by the Magna Carta, the Federative Republic of Brazil came to be defined as a Federal State, composed of the indissoluble union of the three federative entities: Union, states and municipalities.


Characterized by the political-administrative organization, the model adopted by Brazil aims to decentralize power and, therefore, grants autonomy to the federated entities, allowing self-administration, self-legislation germany mobile database and self-organization, and also establishing a division of competences between them, that is, portions of power so that they can carry out their activities, which can be exclusive, private and concurrent.


The distribution of these powers can be understood as the Union being responsible for everything that concerns the country at a national level and the states and municipalities being responsible for predominantly local interests.


This means, as determined by the Federal Constitution regarding the organization of the State, that it is up to the Union to act on national defense, prepare and execute national and regional plans for territorial organization and economic and social development, organize and maintain the Judiciary, the Public Prosecutor's Office of the Federal District and territories and the public defender's office of the territories, grant amnesty, issue currency and establish guidelines for urban development, including housing, basic sanitation and urban transport, among others.