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Organization of the Brazilian State

Overview of Brazil's Federation

• Brazil is a federation, as stated in Article 1 of the Constitution, comprising the Union, states, municipalities, and the Federal District.

• Secession is not permitted; all entities must remain united under a republican form of government.

Government Structure

• The Brazilian government operates as a republic (government by many), contrasting with monarchy (one ruler) and aristocracy (few rulers).

• The presidential system concentrates power in one individual who serves as both head of state and head of government.

Federative Entities

• The federative entities—Union, states, municipalities, and Federal District—are public legal entities with autonomy but lack sovereignty.

• Autonomy includes self-organization, self-government, and self-administration for each entity.

Competencies of the Union

• The Union has exclusive administrative competencies outlined in Article 21; legislative competencies can be concurrent or privative.

• In cases of concurrent legislation (e.g., Law 8666 on bidding), the Union sets general norms while states and municipalities legislate specifics.

States' Legislative Powers

• States have residual administrative competencies defined in Article 25; they can exercise powers not expressly prohibited by the Constitution.

• Legislative powers are also detailed in Article 22; states may receive delegated authority from the Union to legislate on specific matters.

Municipalities' Unique Status

• Municipalities operate under organic laws rather than constitutions and do not possess their own judiciary.

• Their exclusive administrative competencies are listed in Article 30; legislative powers pertain to local interests per Article 30(1).

Federal District Characteristics

• The Federal District combines features of both states and municipalities but cannot be divided into smaller municipalities.

Taxation Competencies