FEDERAL INTERVENTION IN THE CONSTITUTION OF 1988 AND ITS LIMITS POLITICAL-INSTITUTIONAL

This paper addresses the Federal intervention as enshrined in the Constitution of the Federative Republic of Brazil, as an extraordinary mean used to protect the Brazilian federative agreement. The article approaches current issues on it, such as the attachment to the rule of constitutional protection for the independence of federal entities, which may only involve the broader political environment in the political environment immediately, less broad, and the rules that govern the exceptions to that rule. It also brings our focus to further discussions on the legal nature of the intervention as a matter not disputed in the doctrine, because the interventional procedure may involve the participation of the three spheres of power and not always clear from the discretionary decisions of the Chief Executive or judicial decisions. Finally, this work provides case studies demonstrate that restrictions on the federal intervetion. Although the forecasts are mandatory and explicit rules, in practice, to accept the application for intervention in both the Judiciary and the Executive, are real limits to its implementation, giving more flexibility to institute political and legal. In jurisprudence, the Supreme Court has given a restrictive interpretation to the likelihood of intervention, to prevail, often the state and municipal autonomy to the detriment of interventional measure.