Federalism and Legal Unification in Brazil

Abstract

The Brazilian Constitution defines federal entities at three levels: the central government, the states, and municipalities, a second local level of government below the states. The Constitution grants the Union exclusive jurisdiction in a broad range of areas, and further provides that the Union and the states may legislate jointly on an additional set of subjects. When the Union and the states exercise concurrent jurisdiction, the Constitution allows the Union to enact general rules, and leaves to the states the task of enacting complementary specific rules. In these matters, they can only exercise full power in the absence of federal general rules. In practice, the distinction between general and specific rules is not always clear, and courts have resolved cases of ambiguity in favor of the Union. This leaves little room for the states to legislate. As for municipalities, they can enact legislation in matters of local concern.

Many provisions of the Brazilian Constitution apply directly to the Union, the states and the municipalities. Any judge may refuse to apply a statute he or she holds to be unconstitutional, but the STF, the supreme court of Brazil, is the ultimate authority on constitutional interpretation. Overall, the broad reach of federal law and the Constitution has led to a high degree of legal uniformity in Brazil.