National Development and the Place of Brazilian States in Transport Policies

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n2a2021-46660

Keywords:

Transport, Federal State, Autonomy, Member states, Competence

Abstract

The article that follows proposes to deal with the state competence to institute transport policies and the limits imposed on them by the Federal Supreme Court in ADIs, considering the division of powers of the Federal Constitution of 1988 and the relationship between the role of the states the implementation of these policies and the fulfillment of the objective of the Federative Republic of Brazil to guarantee national development. In this way, this paper presents a proposal to highlight the role that the Constitution of 1988 assigned to the Member States in the field of transport, in the provisions that deals with the division of competences, to analyze the treatments that the State Constitutions granted to the subject and the limits imposed on them by the Federal Supreme Court, in judgments of Direct Actions of Unconstitutionality, since 1988. For this purpose, a bibliographical research on the division of competences of the Brazilian Federal State was necessary, as well as legislative research in provisions of the State Constitutions, and jurisprudential research, in particular decisions of the STF in ADIs, which allowed the analysis to reveal the extent and limits of the role of the Member States in transport policy. 

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Author Biography

Fernanda Gurgel Raposo, Universidade de São Paulo

Doutora em Direito pela Universidade de São Paulo (USP). Mestre em Direito Político e Econômico pela Universidade Presbiteriana Mackenzie. Mestre em Letras pela Universidade Federal de Sergipe, graduada em Direito e em Letras Inglês.

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Published

2022-05-17

How to Cite

Raposo, F. G. (2022). National Development and the Place of Brazilian States in Transport Policies. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(2), 408–429. https://doi.org/10.14393/RFADIR-v49n2a2021-46660

Issue

Vol. 49 No. 2 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License

Copyright (c) 2021 REVISTA DA FACULDADE DE DIREITO - UFU

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