federal intervention It is an exception mechanism present in the federal Constitution which determines the temporary suspension of the autonomy of an entity of the federation — a state, for example — to that the Federal Government can intervene directly to resolve any issue that seriously compromises the order.
This practice is foreseen in the Federal Constitution, which also determines the state of siege and the state of defense as states of exception. The federal intervention decree must determine the duration and manner in which this intervention will take place and appoint an intervenor. It enters into force when the presidential decree is approved by the National Congress.
Read too: What is military intervention?
Topics of this article
- 1 - Summary on federal intervention
- 2 - What is federal intervention?
- 3 - When and why does federal intervention take place?
- 4 - Has there ever been federal intervention in Brazil?
Summary about federal intervention
Federal intervention is an exceptional mechanism provided for in the Federal Constitution.
This state of exception determines the temporary suspension of the autonomy of an entity of the federation so that the Federal Government can intervene directly.
It is proposed by presidential decree and needs to be approved by the National Congress.
Because it is temporary, it aims to solve serious problems that compromise order.
Between 1988 and 2023, it was triggered three times.
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What is federal intervention?
Federal intervention is a state of exception which may be called upon by the Federal Government in exceptional circumstances. This mechanism is provided for in the Federal Constitution, being addressed in Article 34 of the Magna Carta. Federal intervention is one of the states of exception provided for in this document, with the state of siege and the state of defense being the other two.
Through this mechanism, the Federal Government suspends the autonomy of a It isstateand intervenes directly in this to solve some serious disorder. Federal intervention is understood as a state of exception precisely because it suspends the autonomy of the state, district or municipality, as entities of the federation, making important decisions sockets by an intervenor who responds directly to the President of republic.
The Federal Constitution establishes that the intervention decree of the Federal Government must determine the term and the conditions under which this intervention will take place, in addition to naming the intervenor who will be responsible for that. Finally, the intervention decree needs to be approved by the National Congress within the 24 hour period for it to take effect.
When the problem that brought about the need to enact a federal intervention is solved, this will be closed. Even so, it is important to pay attention to the fact that the duration of this intervention must be indicated in the presidential decree.
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When and why does federal intervention take place?
Federal intervention is not a measure that can be carried out when the Federal Government decides to do so, since its purpose is not to suppress constitutional rights, although it does alter or suspend some rights temporarily. The purpose of federal intervention is solve serious problems that affect any state of the federation.
According to our Constitution, federal intervention he can to happen for the following cases:
maintain national integrity;
repel foreign invasion from one federation unit into another;
put an end to serious impairment of public order;
guarantee the free exercise of any of the powers in the states of the federation;
reorganize the finances of the federation in specific cases;
provide for the enforcement of federal law, court order or decision;
ensure compliance with constitutional principles.
Has there ever been federal intervention in Brazil?
Since the Federal Constitution was enacted in 1988, O Brazil witnessed three federal interventions. The first, started February 2018, during the government of Michel Temer, allowed the government to intervene at the Rio de Janeiro to solve problems related to public safety in that state.
In december 2018, even during the Temer government, the state of roraima underwent intervention because of a serious financial crisis that affected the state, causing a huge debt and many delays in the payment of civil servants' salaries. Finally, in january 2023, during the third government of Lula, a federal intervention was enacted at the Federal District after the terrorist acts and the attempt to coup d'etat promoted by Bolsonarist protesters in federal District.
Image credits:
[1] mltz It is Shutterstock
By Daniel Neves Silva
History teacher
Would you like to reference this text in a school or academic work? Look:
SILVA, Daniel Neves. "What is federal intervention?"; Brazil School. Available in: https://brasilescola.uol.com.br/o-que-e/historia/o-que-e-intervencao-federal.htm. Accessed on April 13, 2023.
