O STF e o equilíbrio federativo: entre a descentralização e a inércia centralizadora

Abstract

This article discusses the strong Brazilian centralization based on the analysis of the Su preme Court jurisprudence. Opposes the speeches in favor of the decentralization of most of the members of the highest court with practice decisions that favor centralization. In order to do so, it analyzes not only the decisions of the STF, but the votes of the ministers, including the dissent ing ones. It emphasizes that although the Federal Constitution establishes the federation as a form of State, establishes that each State elaborates its own Constitution, and predicts common and concurrent legislative powers, in practice, there are many characteristics of unitary State in Brazil. In most instances where the States rehearsed innovative solutions constitutional, the Supreme Court reappointed to the federal model, honoring the principle of symmetry.