Banca de DEFESA: Victor Aguiar Jardim de Amorim

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Victor Aguiar Jardim de Amorim
DATE: 11/10/2023
TIME: 14:30
LOCAL: MINIAUDITÓRIO DA PÓS GRADUAÇÃO - FACULDADE DE DIREITO - UnB
TITLE:

UNITARY STATE AND POLITICAL DECENTRALIZATION IN THE BRAZILIAN EMPIRE: The experience of the Legislative General Assembly regarding the analysis of adequacy of provincial acts.

KEY WORDS:

Imperial Constitution of 1824. normative decentralization. federal conflicts. Legislative power.

PAGES: 206
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

During the imperial period, despite the establishment of a unitary state, and in light of the coexistence of normative orders at two levels (national and local), as well as due to constant actions and disputes over political decentralization, the Constitution of 1824 underwent reformulations (normative-positivist complements and the development of institutional practices). It envisioned the need for implementing formal mechanisms of a purported political system for controlling provincial acts, with preeminence resting on the national Legislative Power. Under the normative design established in the Additional Act, the resolution/accommodation of federative tensions arising from the normative production of the provinces would be allocated at a national level. It is, therefore, relevant to investigate, based on the analysis of the normative-constitutional structure developed in the imperial system concerning the supervision of the adequacy of provincial legislative power, to what extent the role of the General Assembly was substantially relevant to the balance between political decentralization and national unity. To this end, this research aims to ascertain the terms in which the General Assembly's role in the system of supervising the constitutional adequacy of provincial acts established by the Additional Act (Law nº 16/1834) and its Interpretation Law (Law nº 105/1840) was relevant to the compatibility of the empire's political decentralization with national unity. This assessment was made possible through an extensive survey and analysis of parliamentary work from 1835 to 1889, based on unpublished direct sources. It led to a complete record not only of 25 effectively carried out and concluded control actions, namely the resolutions issued by the General Assembly, but also of 492 provocations by the national Legislative Power for the exercise of the competence then attributed by Articles 16 and 20 of the Additional Act. Based on the results obtained and duly refined, it was concluded that the decisive prominence of the General Assembly in the system of supervising the constitutional adequacy of provincial acts proved to be a substantially relevant mechanism for reconciling political decentralization and national unity in the imperial unitary state.

COMMITTEE MEMBERS:
Externo à Instituição - JOÃO TRINDADE CAVALCANTE FILHO - IDP
Presidente - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Interno - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Interno - 2320110 - GEORGE RODRIGO BANDEIRA GALINDO
Externo à Instituição - LEONARDO AUGUSTO DE ANDRADE BARBOSA - CEFOR