UN ESTUDIO COMPARATIVO ENTRE LAS CONSTITUCIONES BRASILEÑA Y ESTADOUNIDENSE

Abstract

The objective of this article was to carry out a comparative analysis between the Brazilian and American constitutions, identify the ideas that resulted in the form of the federalist state, in addition to reflecting on the characteristics of North American federalism and Brazilian federalism. The methodology used was a bibliographical research. Initially, a broad approach to the topic was carried out, analyzing the ideas of the main pioneers of the federal state and their individual contributions to the formation and improvement of the federal state. Next, we analyze the development of Brazilian federalism, analyzing all the constitutions that Brazil has already had, aiming to observe from which constitution Brazil assumed the form of a federalist state. Given the influence that North American federalism had on the formation of Brazilian federalism, we also sought to analyze these points of influence. Additionally, a comparative analysis of North American and Brazilian federalism was made, highlighting some of the phenomena that directly influenced the formation of each of the states, compiling their characteristics and highlighting their characteristic features, forms of their political and administrative organization. The results showed that not all federations have the same political-administrative organization. An example of this can be seen in a comparative analysis of federalism in Brazil and North America, as while the latter is a federal state based on aggregation, the former is a federal state based on segregation, and this differentiation affects the political and political domain. administrative of the federated State. Concluding that the American system proved to be more adaptable than the Brazilian system, which was characterized by loopholes not captured by the political system. Whereas it is more difficult to transfer energy from the center to the units. However, it is true that federalism is developing in both countries.