THE INSTITUTE OF FEDERAL INTERVENTION IN BRAZILIAN REPUBLICAN CONSTITUTIONS AND THEIR CONTEMPORARY USES

Abstract

In this article, we sought to identify the main political-administrative implications, in each of the Brazilian republican letters, of the institute of federal intervention in Brazilian states, with the objective of making, through bibliographic and documentary research, an analysis of the evolution history of this constitutional institute. There is a consensus among legal scholars, such as Alexandre de Moraes, Celso de Mello, Gilmar Mendes, Michel Temer, Paulo Branco and Ricardo Lewandowski, that the maintenance of a structural balance in the democratic state of law demands a continuous effort of political-administrative articulations. In this task, Constitutional Law presents itself as an extremely useful technique for the "agreement" of power control mechanisms, especially among the entities of the Federation. Within the constitutional scope, federal intervention in federated entities is presented as one of these tools, aiming at the preservation of the Union. With that, the central point of this article is in the theoretical-historical analyzes of the institute of the federal intervention, inserted in all the Brazilian republican constitutions. Faced with the repeated uses of this constitutional institute and historical extrapolations of its legal scope, always in contexts of institutional instability, it is concluded that it is a valid tool, which has limited scope and must be used, undeniably, always in ultima ratio.