Desvirtuamento da intervenção federal: apontamentos sobre o caso do Estado do Rio de Janeiro

Abstract

This article analyzes the federal intervention decreed in the State of Rio de Janeiro in 2018, in light of the constitutional limits of the institute and the preservation of federative autonomy. The central research problem is to verify whether the measure complied with the requirements established by the Federal Constitution of 1988 or whether it represented a distortion of the institute, particularly regarding its exceptional nature and purpose. The study is justified by the relevance and timeliness of the topic, considering the impact of the intervention on the balance of the federative pact and the State’s response to public security crises. The theoretical framework is based on the principles of Brazilian federalism, especially articles 34 to 36 of the Constitution, as well as doctrinal contributions on federative autonomy and the exceptional nature of federal intervention. The methodology adopted is qualitative, with a bibliographic and documentary approach, including analysis of legal sources, doctrine, and empirical data related to the intervention. It is concluded that, although formally supported, the intervention presented weaknesses regarding constitutional requirements and failed to produce significant structural results, revealing itself as a measure of limited effectiveness and potentially harmful to the federative balance.