O FEDERALISMO E A FUNÇÃO SOCIAL DOS BENS PÚBLICOS SOB A ÓTICA DO INTERESSE LOCAL

Abstract

Cooling of social relations because of a larger tapestry of human relationships and the fact that the individual has increasingly required the fulfillment of their constitutional rights and guarantees under the state to produce more effective results in favor of the community. However, this reality has produced a multitude of administrative and legal conflicts involving the political and administrative spheres of the Brazilian state, due mainly to the uncertainty of the plexus which is the competence of each of the entities of the Brazilian federation. What is sought is exactly the mitigation of this conflict and to be much debate on federalism and its main characteristics. Later, this concept relates to the peculiar paternal current federalism, with the primary purpose solver conflicts over the distribution of responsibility and ownership and involving Union County. The main conclusion is that there is no hierarchy between federal entities and that the best way to define the holder of that power is by using the analysis of the preponderance of interest in each case, using both as tools for interpreting the constitutional principles. Anyway, surely the city is the political entity best able to effectively meet the wishes of the community, since it is the entity that is closest to the individual. So, since respecting the precepts and constitutional limits, every jurisdiction that desideratum is to meet directly and immediately place the interest must be owned by the municipality. With this interpretation manifests itself the main goal of federalism, which is democracy, because it gives opportunity to the different instruments and minorities to demand their rights and participate in the greater will.