Municípios no federalismo brasileiro: o alcance da competência suplementar

Abstract

This monograph is a study that aims to analyze the scope of legislative competence of the Municipalities in the context brought by the Federal Constitution of 1988. The decentralization of powers to entities is a core characteristic of federalism, which in Brazil occurs between the Union, States and Municipalities. There is a great doctrinal disagreement about the detainment or not of supplementary and supplementary competence by the Municipalities. Using systemic-teleological and historical interpretation methods to analyze art. 30, I and II, of the CRFB, it is possible to attribute both legislative powers to the municipal entity. In jurisprudence, there is still a strong tendency to centralize competences within the scope of the Union. The constituent gave the Municipalities a title to legislate on the local interest, which is the limit for the exercise of the legislative competence of the Union and the State, as well as its scope the competence of the municipal Legislative Power. The Principle of Subsidiarity can help implement the decentralization system enshrined in the constitutional text.