Os desafios à consolidação do federalismo cooperativo no Brasil: uma leitura a partir das competências constitucionais materiais comuns

Abstract

The Federal Constitution of 1988 enshrined the model of cooperative federalism in Brazil, which is characterized by decentralization of power, political-administrative autonomy of federated entities, and distribution of common and competing competencies among federative entities. However, despite the good intentions of the Constituent Assembly in adopting the cooperative model of federation, the Brazilian tradition of powers concentration in the Union to the detriment of the federal autonomy of the Federated States, together with the regional peculiarities, prevent the consolidation of cooperation between the Federative Entities. As a reflection of this national reality, the common material competences for the achievement of fundamental social rights for demanding cooperative and harmonious action between the spheres of power face challenges to be realized. Given this scenario, the present study is developed with the aim of pointing out some difficulties that the federation faces to realize common material competences starting from the cooperation between the Federative Institutions, and present possible ways that the doctrine considers viable to overcome the Brazilian federative crisis. For this, we use the deductive approach and methods of historical and monographic procedure. At the end, the conclusion was that the Federal Constitution presents enough instruments for cooperation between the Federative Entities, lacking only goodwill of its rulers in keep collaborative intergovernmental relations for the achievement of developmental balance, well-being in scope National and fundamental social rights.