Constitutional Structure of the Brazilian State
Structural Analysis of the Organization of the State under the 1988 Constitution
Prof. Murillo Gutier
E-mail: murillo@gutier.adv.br
Abstract
This study examines the constitutional structure of the Brazilian State through a systematic analysis of the fundamental categories of state organization. The work distinguishes four essential dimensions: the form of State (territorial distribution of power), the form of government (relationship between rulers and the ruled), the system of government (relationship among constituted Powers), and the political regime (bond between the people and decision-making processes). Brazil is simultaneously characterized as a federated State, a Republic, a presidential system, and a democracy.
The article provides a comprehensive analysis of Brazilian federalism, tracing its historical development from the Proclamation of the Republic in 1889 through the 1988 Constitution. It examines the features of the federation, including the distribution of competences among the Union, States, Federal District, and Municipalities, as well as the constitutional provisions governing the organization of each federative entity. The study systematizes the constitutional articles on state organization (Articles 18 to 36), covering political-administrative organization, common prohibitions, assets and powers, and mechanisms of federal and state intervention.
Keywords: form of State – form of government – system of government – political regime – federalism – Brazilian federalism – federation – confederation – distribution of competences – constitutional organization – separation of powers
Constitutional Structure of the Brazilian State - Murillo Gutier (6 downloads )