Federal Intervention: Definition, Features, and Assumptions

Posted on Mar 15, 2025 in Law

Federal Intervention is the political act of an entity intervening in the affairs of another entity that supports it.

Features:

  • Temporality
  • Exceptionality
  • Strictness (specific)

Assumptions:

  • State Defense:
    • I – Maintain national integrity
    • II – Repel foreign invasion or a federal unit in another
  • Protection Principle Federativo:
    • III – Put an end to severe disruption of public order
    • IV – Guaranteeing the free exercise of any powers of the units of the Federation
  • Defense Finance State:
    • V – Reorganize the finances unit of the Federation:
      • a) Suspend payment of the debt for more than two consecutive years, except for force majeure
      • b) Fails to deliver to the Municipalities tax revenues established in this Constitution, within the deadlines established by law
  • Defense Order Constitutional:
    • VI – Provide for the enforcement of federal law, order or decision

Article 36

The decree of intervention will depend on:

  1. In the case of Art. 34, IV, request from the Legislative or Executive coacta or impeded, or requisition of the Supreme Court, if the coercion is exerted against the Judiciary.
  2. In case of disobedience to court order or decision, request the Supreme Court, the Superior Court of Justice or the Superior Electoral Court.
  3. Dismissed by the Supreme Court of the Attorney General’s Office, in event of art. 34, VII, and in case of refusal to enforce federal law.

§ 1 – The decree of intervention, specifying the scope, duration and conditions of execution, and, if applicable, shall appoint the intervenor, shall be submitted to the Congress or the Legislature of the State, within twenty-four hours.

§ 2 – If you are running the Congress or the Legislature, will make will be special session in the same period of twenty-four hours.

§ 3 – In cases of art. 34, VI, VII, or art. 35 VI, upon waiver of review by Congress or the Legislative Assembly, the decree shall be limited to suspend enforcement of the challenged act, if this measure is sufficient to restore normality.

§ 4 – Upon termination of the reasons for intervention, the authorities removed from their positions at these again, unless restrained by law.

Acts related to the Executive Branch

Head of State, Head of Government, Head of Administration

Violations of President

Common Crimes, Political Offense functional

Article 84

Par Single – The President may delegate the duties mentioned in Items VI and XII and XXV, first part, the Ministers of State, the Attorney General’s Office or the Attorney-General of the Union to observe the limits set in their delegations.

Article 86

Admitted the accusation against the President of the Republic, two thirds of the House of Representatives, he is brought to trial before the Supreme Court, in common criminal offenses, either before the Senate, for criminal liability.

Legislative Branch

Collective body composed of members elected by the people, to exercise the function of legislating and others that the doctrine is often noted, in addition to controlling the executive.

Functions of the Legislative Branch

  • Representation
  • Legislation
  • Legitimacy of government action
  • Control

Atypical Function

Administrative, ed. policy (provision of jobs and wages).

Assignments of Congress

  • Comp. Legislative
  • Comp. Deliberative (ñ behaves delegation)

Tables Directors

Mandate of two years.

Parliamentary Committees

Are specialized organs that perform a technical function, issuing an opinion on proposals before consideration in Parliament.

Duration

  • Permanent (e.g., Com. The Constitution and Justice)
  • Temporary (e.g., CPI)

Training

  • Exclusive (members of a house)
  • Mixed (members of the two houses)