Federalism
Federalism is the mixed or compound mode of government, combining a general government with regional governments in a single political system. Its distinctive feature, exemplified in the founding example of modern federalism by the United States under the Constitution of 1787, is a relationship of parity between the two levels of government established, it can thus be defined as a form of government in which there is a division of powers between two levels of government of equal status. Federalism differs from confederalism, in which the general level of government is subordinate to the regional level, from devolution within a unitary state, in which the regional level of government is subordinate to the general level, it represents the central form in the pathway of regional integration or separation, bounded on the less integrated side by confederalism and on the more integrated side by devolution within a unitary state. Leading examples of the federation or federal state include India, the United States, Mexico, Germany, Switzerland and Australia.
Some today characterize the European Union as the pioneering example of federalism in a multi-state setting, in a concept termed the federal union of states. The terms'federalism' and'confederalism' both have a root in the Latin word foedus, meaning "treaty, pact or covenant." Their common meaning until the late eighteenth century was a simple league or inter-governmental relationship among sovereign states based upon a treaty. They were therefore synonyms, it was in this sense that James Madison in Federalist 39 had referred to the new US Constitution as'neither a national nor a federal Constitution, but a composition of both'. In the course of the nineteenth century the meaning of federalism would come to shift, strengthening to refer uniquely to the novel compound political form established, while the meaning of confederalism would remain at a league of states. Thus, this article relates to the modern usage of the word'federalism'. Modern federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments.
The term federalist describes several political beliefs around the world depending on context. Federalism is sometimes viewed as in the context of international negotiation as "the best system for integrating diverse nations, ethnic groups, or combatant parties, all of whom may have cause to fear control by an overly powerful center." However, in some countries, those skeptical of federal prescriptions believe that increased regional autonomy is to lead to secession or dissolution of the nation. In Syria, federalization proposals have failed in part because "Syrians fear that these borders could turn out to be the same as the ones that the fighting parties have carved out."Federations such as Yugoslavia or Czechoslovakia collapsed as soon as it was possible to put the model to the test. According to Daniel Ziblatt's Structuring the State, there are four competing theoretical explanations in the academic literature for the adoption of federal systems: Ideational theories, which hold that a greater degree of ideological commitment to decentralist ideas in society makes federalism more to be adopted.
Cultural-historical theories, which hold that federal institutions are more to be adopted in societies with culturally or ethnically fragmented populations. "Social contract" theories, which hold that federalism emerges as a bargain between a center and a periphery where the center is not powerful enough to dominate the periphery and the periphery is not powerful enough to secede from the center. "Infrastructural power" theories, which hold that federalism is to emerge when the subunits of a potential federation have developed infrastructures. Immanuel Kant was an advocate of federalism, noting that "the problem of setting up a state can be solved by a nation of devils" so long as they possess an appropriate constitution which pits opposing factions against each other with a system of checks and balances. In particular individual states required a federation as a safeguard against the possibility of war. On the 1st of January 1901 the nation-state of Australia came into existence as a federation.
The Australian continent was colonised by the United Kingdom in 1788, which subsequently established six self-governing, colonies there. In the 1890s the governments of these colonies all held referendums on becoming the unified, self-governing "Commonwealth of Australia" within the British Empire; when all the colonies voted in favour of federation, the Federation of Australia commenced, resulting in the establishment of the Commonwealth of Australia in 1901. The model of Australian federalism adheres to the original model of the United States of America, although it does so through a parliamentary Westminster system rather than a presidential system. In Brazil, the fall of the monarchy in 1889 by a military coup d'état led to the rise of the presidential system, headed by Deodoro da Fonseca. Aided by well-known jurist Ruy Barbosa, Fonseca established federalism in Brazil by decree, but this system of government would be confirmed by every Brazilian constitution since 1891, although some of them would distort some of the federalist principles.
The 1937 federal government had the authority to appoint State Governors at will, thus centralizing power in the hands of P
Federal Senate
The Federal Senate is the upper house of the National Congress of Brazil. Created by the first Constitution of the Brazilian Empire in 1824, it was similar to the United Kingdom's House of Lords. Since the Proclamation of the Republic in 1889 the Federal Senate has resembled the United States Senate; the Senate comprises 81 seats. Three Senators from each of the 26 states and three Senators from the Federal District are elected on a majority basis to serve eight-year terms. Elections are staggered so that two-thirds of the upper house is up for election at one time and the remaining one-third four years later; when one seat is up for election in each State, each voter casts one vote for the Senate. The candidate in each State and the Federal District who achieve the greatest plurality of votes are elected; the current president of the Brazilian Senate is Davi Alcolumbre, from the Democrats of Amapá. He was elected in early 2019 for a two-year term; the Federal Senate of Brazil was established as the Senate of the Empire by the Constitution of 1824, first enacted after the Declaration of Independence.
Following independence, in 1822, Emperor Pedro I ordered the convocation of a National Assembly to draft the country's first Constitution. Following several disagreements with the elected deputies, the Emperor dissolved the Assembly. In 1824, Pedro I implemented the first Constitution which established a Legislative branch with the Chamber of Deputies as the lower house, the Senate as an upper house; the first configuration of the Senate was a consulting body to the Emperor. Membership was for life and it was a place of great prestige, to which only a small part of the population could aspire. Members of the Senate were elected, but they had to be at least 40 years old and have an annual income of 800,000 contos-de-réis, which limited candidates to wealthy citizens. Voters faced an income qualification. Voting in an election for the Senate was limited to male citizens with an annual income of at least 200,000 contos-de-réis; those who qualified for this did not vote directly for Senators. To be a Senate elector required an annual income of 400,000 contos-de-réis.
Once elected, these electors would vote for senator. The election itself would not result in a winner automatically; the three candidates receiving the most votes would make up what was called a "triple list", from which the Emperor would select one individual that would be considered "elected". The Emperor chose the candidate with the most votes, but it was within his discretion to select whichever of the three individuals listed; the unelected Princes of the Brazilian Imperial House were senators by right and would assume their seats in the Senate upon reaching age 25. The original Senate had 50 members, representing all of the Empire's Provinces, each with a number of senators proportional to its population. Following the adoption of the 1824 Constitution the first session of the Senate took place in May 1826; the Emperor had delayed calling the first election, which had led to accusations that he would attempt to establish an absolutist government. The Senate comprises 81 seats. Three Senators from each of the 26 states and three Senators from the Federal District are elected on a majority basis to serve eight-year terms.
Elections are staggered so that two-thirds of the upper house is up for election at one time and the remaining one-third four years later. When one seat is up for election in each State, each voter casts one vote for the Senate; the candidate in each State and the Federal District who achieve the greatest plurality of votes are elected. The current composition of the Board of the Federal Senate is as follows: The current composition of the House is as follows: Federal institutions of Brazil Official website of the Brazilian Senate Photos 360° of the Brazilian Senate List of all Brazilian senators
Chamber of Deputies (Brazil)
The Chamber of Deputies is a federal legislative body and the lower house of the National Congress of Brazil. The chamber comprises 513 deputies, who are elected by proportional representation to serve four-year terms; the current President of the Chamber is the deputy Rodrigo Maia, elected in July 14, 2016 to serve for the remainder of the 2015–2016 term. The legislatures are counted from the first meeting of the Chamber of Deputies and of the Senate, on 6 May 1826, in the imperial era; the Chamber of Deputies and the Senate were created by Brazil's first Constitution, the Constitution of the Empire of Brazil, adopted in 1824. The numbering of the legislatures is continuous and counts all bicameral legislatures elected since the adoption of the 1824 Constitution including the imperial General Assembly and the republican National Congress; the previous constituent and legislative assembly of the Empire of Brazil, a unicameral national assembly convened in 1823 and dissolved by Emperor Pedro I before the Constitution was adopted, is not counted.
The inauguration of a new composition of Chamber of Deputies for a four-year term of office marks the start of a new Legislature. In the imperial era the national legislature was named General Assembly, it was made up of the Chamber of the Senate. Senators were elected for life and the Senate was a permanent institution, whereas the Chamber of Deputies, unless dissolved earlier, was elected every four years; when Brazil became a republic and a federal state the model of a bicameral Legislature was retained at the federal level, but the parliament was renamed National Congress. The National Congress is made up of the Chamber of the Federal Senate. Both houses can not be dissolved earlier. Under Brazil's present Constitution, adopted in 1988, senators are elected to eight-year terms and deputies are elected every four years; each Brazilian state is represented in the Senate by three senators. Elections to the Senate are held every four years, with either a third or two thirds of the seats up for election.
The number of deputies elected is proportional to the size of the population of the respective state as of 1994. However, no delegation can be made up of less than eight or more than seventy seats, thus the least populous state elects the most populous elects seventy. These restrictions favour the smaller states at the expense of the more populous states and so the size of the delegations is not proportional to population. Elections to the Chamber of Deputies are held every four years, with all seats up for election. Empire of Brazil 1st Legislature 2nd Legislature 3rd Legislature 4th Legislature 5th Legislature 6th Legislature 7th Legislature 8th Legislature 9th Legislature 10th Legislature 11th Legislature 12th Legislature 13th Legislature 14th Legislature 15th Legislature 16th Legislature 17th Legislature 18th Legislature 19th Legislature 20th Legislature, dissolved by the 15 November 1889 military coup that proclaimed Brazil a Republic 21st Legislature: had been elected to succeed the 20th legislature, but was not installed due to the proclamation of the Republic.
New elections were summoned by the provisional government of the Republic in 1890. Old Republic 21st Legislature, discharged the role of Constituent Congress; the act that summoned the elections for the Constituent Congress and that empowered it to draft a Constitution established that the Congress would be made up of two Houses, an elected Senate with equal representation for the Brazilian States, a Chamber of Deputies, each State having a number of Deputies proportional to the size of its population. During the drafting of the Constitution, the Congress was to meet in joint session; the Congress was required to adopt a Constitution that conformed to the republican form of government, that preserved the declared Federal model of the State. 22nd Legislature 23rd Legislature 24th Legislature 25th Legislature 26th Legislature 27th Legislature 28th Legislature 29th Legislature 30th Legislature 31st Legislature 32nd Legislature 33rd Legislature 34th Legislature 35th Legislature: dissolved by the provisional government after the 1930 Revolution.
Vargas Era 36th Legislature, discharged the role of Constituent Assembly 37th Legislature, dissolved by the Estado Novo coup d'état. Legislatures elected under the Republic of 46 38th Legislature, discharged the role of National Constituent Assembly. 39th Legislature 40th Legislature 41st Legislature 42nd Legislature under the Military Regime instituted by the 1964 military coup, the legislature discharged the role of Constituent Congress, under a decree of the military government, that commissioned the drafting of a new Constitution. The Constitution was voted under duress. Legislatures elected under the Military Regime 43rd Legislature 44th Legislature 45th Legislature 46th Legislature 47th Legislature; the Chamber of Deputies wa
Hamilton Mourão
Antônio Hamilton Martins Mourão is a Brazilian politician, the 25th and current Vice President of Brazil, since 1 January 2019. Mourão is a retired Brazilian Army General, the highest rank a Brazilian soldier can reach during peace time, he is a member of the Brazilian Labour Renewal Party. Mourão was born in Porto Alegre, Rio Grande do Sul, the son of General Antônio Hamilton Mourão and Wanda Coronel Martins, he retired on 28 February 2018. He is of Indigenous Brazilian descent, declares himself Indigenous Brazilian. Hamilton is a practising Roman Catholic. Mourão became a widower in December 2016, he married Paula Mourão in October 2018. Paula is a first lieutenant of the Brazilian Army, they made their relationship public in 2017. The Mourãos own residences in Rio de Janeiro. Mourão joined the Army in February 1972, in the Academia Militar das Agulhas Negras, in Resende, Rio de Janeiro, where he became on officer on December 12, 1975; as lieutenant, he was instructor at Military Academy and as Captain, he worked with Jair Bolsonaro in the 8th Paratrooper Field Artillery Group, placed in Rio de Janeiro.
He had classes at the Escola de Comando e Estado-Maior do Exército where he graduated as Staff Officer and attended classes of Politics and Army High Administration. He trained in Basic Parachuting, Jump Master and Free Jump. During his military career he was an instructor at AMAN, was part of a peace mission in Angola and was the Military Attache for Brazil's Embassy to Venezuela, he commanded the 27th Field Artillery Group in Ijuí, Rio Grande do Sul. Mourão gained fame in 2015 during the political crisis in the second term of president Dilma Rousseff, when he was transferred from the Military Command of the South to the Secretary of Economy and Finance, in the Federal District, due to statements made in a speech about the current state of politics. In a public announcement of the Masonic Lodge Grande Oriente in September 2017, in the Federal District, Mourão stated that, "among the duties of the Brazilian Army, there was the guarantee of the operation of the institutions and of the law and order", that, if the judiciary "couldn't be able to heal the existing politics in the country, this would be imposed by the army through a military intervention", which, in his vision, "is provided by the Federal Constitution of 1988".
However, in May 2018, following the truck drivers' strike, Mourão spoke against calls for military intervention in the government, stating that "if the government lacks conditions to govern, resign. Call elections earlier, do whatever, but end its immobilism", that "the country cannot descend to chaos", he called the Unified Federation of Oil Workers' strike, "shameful", said "there are people taking advantage on both sides". Leaving the active service in 2018, Mourão considered running for president of the Military Club. On 8 May 2018, Mourão announced his membership in the Brazilian Labor Renewal Party and his intention to run for President of Brazil, along with Levy Fidelix. However, in August 2018, Mourão became Vice Presidential running mate of right-wing Presidential candidate Jair Bolsonaro
South America
South America is a continent in the Western Hemisphere in the Southern Hemisphere, with a small portion in the Northern Hemisphere. It may be considered a subcontinent of the Americas, how it is viewed in the Spanish and Portuguese-speaking regions of the Americas; the reference to South America instead of other regions has increased in the last decades due to changing geopolitical dynamics. It is bordered on the west on the north and east by the Atlantic Ocean, it includes twelve sovereign states, a part of France, a non-sovereign area. In addition to this, the ABC islands of the Kingdom of the Netherlands and Tobago, Panama may be considered part of South America. South America has an area of 17,840,000 square kilometers, its population as of 2016 has been estimated at more than 420 million. South America ranks fourth in fifth in population. Brazil is by far the most populous South American country, with more than half of the continent's population, followed by Colombia, Argentina and Peru. In recent decades Brazil has concentrated half of the region's GDP and has become a first regional power.
Most of the population lives near the continent's western or eastern coasts while the interior and the far south are sparsely populated. The geography of western South America is dominated by the Andes mountains. Most of the continent lies in the tropics; the continent's cultural and ethnic outlook has its origin with the interaction of indigenous peoples with European conquerors and immigrants and, more locally, with African slaves. Given a long history of colonialism, the overwhelming majority of South Americans speak Portuguese or Spanish, societies and states reflect Western traditions. South America occupies the southern portion of the Americas; the continent is delimited on the northwest by the Darién watershed along the Colombia–Panama border, although some may consider the border instead to be the Panama Canal. Geopolitically and geographically all of Panama – including the segment east of the Panama Canal in the isthmus – is included in North America alone and among the countries of Central America.
All of mainland South America sits on the South American Plate. South America is home to Angel Falls in Venezuela. South America's major mineral resources are gold, copper, iron ore and petroleum; these resources found in South America have brought high income to its countries in times of war or of rapid economic growth by industrialized countries elsewhere. However, the concentration in producing one major export commodity has hindered the development of diversified economies; the fluctuation in the price of commodities in the international markets has led to major highs and lows in the economies of South American states causing extreme political instability. This is leading to efforts to diversify production to drive away from staying as economies dedicated to one major export. South America is one of the most biodiverse continents on earth. South America is home to many interesting and unique species of animals including the llama, piranha, vicuña, tapir; the Amazon rainforests possess high biodiversity, containing a major proportion of the Earth's species.
Brazil is the largest country in South America, encompassing around half of the continent's land area and population. The remaining countries and territories are divided among three regions: The Andean States, the Guianas and the Southern Cone. Traditionally, South America includes some of the nearby islands. Aruba, Curaçao, Trinidad and the federal dependencies of Venezuela sit on the northerly South American continental shelf and are considered part of the continent. Geo-politically, the island states and overseas territories of the Caribbean are grouped as a part or subregion of North America, since they are more distant on the Caribbean Plate though San Andres and Providencia are politically part of Colombia and Aves Island is controlled by Venezuela. Other islands that are included with South America are the Galápagos Islands that belong to Ecuador and Easter Island, Robinson Crusoe Island, Chiloé and Tierra del Fuego. In the Atlantic, Brazil owns Fernando de Noronha and Martim Vaz, the Saint Peter and Saint Paul Archipelago, while the Falkland Islands are governed by the United Kingdom, whose sovereignty over the islands is disputed by Argentina.
South Georgia and the South Sandwich Islands may be associate
Regional Federal Courts
The Regional Federal Courts are the appellate courts of Brazil's federal court system. They respresent the second instance of the Brazilian Federal Justice system and are responsible not only for appeal processes against first instance decisions, but for writs of security, Habeas corpus, Habeas data against acts by federal judges, motions to set aside judgements, criminal revisions, conflicts of jurisdiction; the jurisdiction of the Federal Regional Courts are defined in Article 108 of the Brazilian Federal Constitution. The Federal Regional Courts have a varied composition, with the number of judges defined by law, where one fifth are chosen by lawyers with 10 years experience or more, as well as by members of the Public Prosecutor’s Office with 10 years experience or more; the rest of the judges are appointed through the promotion of federal judges with over five years experience, by longest service time and by merit, alternately. In each tribunal, there is an Internal Affairs of the Federal Justice office, responsible for corrections and investigations at first instance.
The internal affairs offices are in charge of hiring processes, instruction towards a uniformization of jurisdictional activity and forensic service. They are each run with a possible Vice-Director; the Brazilian Federal Justice system is divided nationally into five geographically defined regions, each served by an appellate court: Regional Federal Court of the 1st Region — Tribunal Regional Federal da 1ª Região Seated in Brasília, Federal District, this appellate court covers the states of Acre, Amapá, Bahia, Goiás, Maranhão, Minas Gerais, Mato Grosso, Pará, Piauí, Rondônia and Tocantins, as well as the Brazilian Federal District. Regional Federal Court of the 2nd Region — Tribunal Regional Federal da 2ª Região Seated in Rio de Janeiro, Rio de Janeiro, this appellate court covers the states of Espírito Santo and Rio de Janeiro. Regional Federal Court of the 3rd Region — Tribunal Regional Federal da 3ª Região Seated in São Paulo, São Paulo, this appellate court covers the states of Mato Grosso do Sul and São Paulo.
Regional Federal Court of the 4th Region — Tribunal Regional Federal da 4ª Região Seated in Porto Alegre, Rio Grande do Sul, this appellate court covers the states of Paraná, Rio Grande do Sul and Santa Catarina. Regional Federal Court of the 5th Region — Tribunal Regional Federal da 5ª Região Seated in Recife, this appellate court covers the states of Alagoas, Ceará, Paraíba, Rio Grande do Norte and Sergipe; the creation of four new courts was approved by Congress by Constitutional Amendment number 73/2013. However, the National Association of Federal Prosecutors proposed a direct action of unconstitutionality against the creation of new courts; the new tribunals, whose installations have been suspended by the Supreme Federal Court, are planned as: TRF for the 6th Region – headquartered in Curitiba: would entail the jurisdictions of the following states: Santa Catarina and Paraná linked to the TRF for the 4th Region, Mato Grosso do Sul linked to the TRF for the 3rd Region. TRF for the 7th Region - headquartered in Belo Horizonte: would entail the jurisdiction of Minas Gerais linked to the TRF for the 1st Region.
TRF for the 8th Region - headquartered in Salvador: would entail the jurisdiction of Bahia linked to the TRF for the 1st Region, Sergipe linked to the TRF for the 5th Region. TRF for the 9th Region - headquartered in Manaus: would entail the jurisdictions of the following states: Amazonas, Rondônia and Roraima, all linked to the TRF for the 1st Region. Federal institutions of Brazil http://www.trf1.jus.br http://www.trf2.jus.br http://www.trf3.jus.br http://www.trf4.jus.br http://www.trf5.jus.br
Constitution
A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; some constitutions are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom; some constitutions codified constitutions act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
The Constitution of India is the longest written constitution of any country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version. The Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, a total of 3,814 words; the term constitution comes through French from the Latin word constitutio, used for regulations and orders, such as the imperial enactments. The term was used in canon law for an important determination a decree issued by the Pope, now referred to as an apostolic constitution; every modern written constitution confers specific powers to an organization or institutional entity, established upon the primary condition that it abide by the said constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority".
Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power". For example, a students' union may be prohibited as an organization from engaging in activities not concerning students. An example from the constitutional law of sovereign states would be a provincial parliament in a federal state trying to legislate in an area that the constitution allocates to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation, found to be beyond power will be "invalid" and of no force. In this context, "within power", intra vires, "authorized" and "valid" have the same meaning. In most but not all modern states the constitution has supremacy over ordinary statutory law, it was never "law" though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.
Sometimes the problem is not that a statute is unconstitutional, but the application of it is, on a particular occasion, a court may decide that while there are ways it could be applied that are constitutional, that instance was not allowed or legitimate. In such a case, only the application may be ruled unconstitutional; the remedy for such violations have been petitions for common law writs, such as quo warranto. Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC; the earliest prototype for a law of government, this document itself has not yet been discovered. For example, it is known that it relieved tax for widows and orphans, protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws; the oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur. Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.
In 621 BC, a scribe named. In 594 BC, the ruler of Athens, created the new Solonian Constitution, it eased the burden of the workers, determined that membership of the ruling class was to be based on wealth, rather than by birth. Cleisthenes again
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