Federalism. The Origins and Ways of its Development in the History of the USA and Brazil

Abstract

Introduction. This article analyses the historical aspects of the formation of the foundations of fe- deralism as a constitutional principle, as well as its origins and development in the United States of America and Brazil. Theoretical Basis. Methods. The study of law, legislation, and doctrine related to American and Brazilian federalism was undertaken. The study of Brazilian and foreign scientific works was car- ried out on the basis of an interdisciplinary comparative study from the standpoint of legal theory. Results. The result is the comparison of the American and Brazilian models of federalism with the analysis of some definitions of the concept of federation, as well as its specificity in Brazil in the modern period. The authors of this study intended to highlight the development of federalism in Brazil, touching upon the aspects of Brazilian federalism as reflected in the 1988 Constitution. Discussion and Conclusion. The analysis of the Brazilian Constitution shows such features as the plurality of the constituent entities of the state forming a federation. Brazilian federalism is also characterised by the principle of non-interference, which means that the Union cannot in- terfere in the affairs of the member states, and the states, in turn, cannot interfere in the affairs of the municipalities.