Abstract

HERMANY, Ricardo  and  ARGUILAR CAMARGO, Daniela. Subsidiarity as a principle of state organization and its reflexes in local spheres analysis of Brazil and Germany. Opin. jurid. [online]. 2019, vol.18, n.36, pp.279-296. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v18n36a12.

The principle of subsidiarity is accepted in law in its sociopolitical and state organization forms, being considered a highlight in Germany and compatible in Brazil due to its relevance to local autonomy and cooperative logic. Through the method of deductive and bibliographic procedural, the structure of the text starts from the analysis of subsidiarity as a principle of state organization in Germany, to later verify the relation of this principle with the Brazilian federal state and, finally, to analyze the applicability in the Brazilian local context towards the autonomy of municipalities, and also emphasizing the benefits of the insertion of this principle in different spheres of the Brazilian federation. At the end, it suggests that such a principle be applied in the face of cooperation between local authorities, since subsidiarity is based on vertical scaling, where competences are kept to a minimum. Also, in which States and Union should only yield certain competences that they themselves are not able to assume. This principle is seen as crucial for local governments in order to participate nationally in the quest for citizenship and for solutions of local interest.

Keywords : federation; subsidiarity; state organization; county.

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