The search of a balanced relationship, modernly has increased to the federalism the function of guarantee of the participativa democracy, with its multiplication of circles of decisions politics where the citizen is next to the power, she says to be vocacionado to make of the States laboratories for the development of new social, economic ideas and politics. The Topic room deals with the techniques of distribution of abilities. The technique of the classic federalism, the first model, comes of the Constitution of the United States, that it specified them to be able of the Union, leaving for the States all the too much powers that it did not attribute to the federal authority and nor forbade the State authorities, therefore, dealt with enumerated and remaining abilities, call of horizontal distribution, as in the case of the American Constitution, where the cast being able of them of the Union is foreseen in the article 1, section 8, locking up substantially ability that, for its nature, must be with the central government. Thus those concernentes to the foreign affairs, the national defense, the monetary system and of weights and measures, to the nationality, the commerce and interstate communication. Of the alternatives that abilities combine: the enumerated ones, in the German Constitution, of 1919, and in the Austrian, of 1920, bring the nature of the vertical distribution of abilities, that divide one same substance, in different levels, between diverse federative beings, the Constitution of Weimar of 1919 where some rules had been introduced disciplinarians for which Union and State had acted concurrently, article 6 of that Constitution related the legislative abilities exclusive of the Reich (Union). in the article 7, is foreseen the ability of the Reich on a long cast of substances, not in exclusive, but with priority way. As well as the Constitutions of India, of 1950, and Germany, of 1949, India consecrated the federative organization, creating, in regards to the distribution of abilities one innovative technique: the three lists, the first one I contend 97 substances of exclusive ability of the Union, the second 66 substances of abilities exclusive of the State, 47 substances of competing abilities and the residual ability is granted to the Union, in it respects the substance not enumerated in the list of the States or the competing list, article 248 of that Constitution.
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.