With the Revolutionary movement the order appeared of a new Constitution, and this order was frustrated in the first aspiration, but taken care of in the second for president Jose Sarney. For intermediary of the constitutional emendation of n 26, of 27 of 1985, when convoked the Constituent National Assembly, that would be composed for the o National Congress to be elect in 15 of November of 1986, in the terms of convocatrio act of 1 of February of 1987. Following the process of long and difficult management, to the handle of which the Constitution in 5 (five) of October of 1988 is promulgated, and how much to the distribution of abilities in the diverse phases of the constituent works, it constituted consideration object. First for three entailed Subcommissions to the Commission of the Organization of the State, namely: the Subcommission of the Union, Federal District and Territories; the Subcommission of the States; the Subcommission of Cities and Regions. The first draft of the commission of the organization of State had as reporter the Senate Jose Richa, who, however kept practically the traditional project of ability distribution.

E the five first drafts that had been argued during the systematization commission: as the Cabral first draft; first draft Chamber that was substantially equal to the Cabral first draft; the Hrcules first draft, also without presenting disposal depriving abilities of common execution; Ferraz first draft, after making mention the common incubencies to all the spheres, offered the cast of the legislative abilities. The four cited first drafts had varied in for minors, if not moving away, however, of a more conventional vision on the distribution of abilities, already the first draft of Alfonso folloied of close the proposal to the Commission Alfonso Arinos, who also are of authorship of Jose Alfonso Da Silva member of that Commission.