The need for reform of the brazilian federative pact: an analysis of PEC 188/2019 that extinguishes municipalities

Abstract

The debate on the conceptualization and meaning of federalism goes back to the late eighteenth century. The peculiar circumstances surrounding the move from confederation to federation in the United States in the years 1781 to 1789 shaped the nature of the intellectual debate, so that one of the greatest historical innovations for government and politics was achieved. This form of state has two modes of manifestation: the competitive - typical American; and cooperative - typical German. In Brazil, the model adopted in the 1988 Constitution was the cooperative, but due to the centralization of financial collection by the Union and the decentralization of competences to local governments, the federal structure became predatory. In order to curb this model, the federal government sent PEC 188/2019 to the National Congress. Through the use of the deductive and hermeneutic method, we seek to answer the research problem: PEC 188/2019 that, among other proposals, extinguishes small municipalities, causes a reformulation of Brazilian federalism, making it more cooperative or entails stagnation, exacerbating even more so, evidencing a predatory federalism? The structure starts from the analysis of the shape of the federa state, to later observe the manifestation of the cooperative model and at the end to verify PEC 188/2019 for the extinction of small municipalities.

Keywords

• federalismo. cooperativo. municípios. pec 188/2019.