O Que É o Princípio da Predominância do Interesse?

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Última Atualização 8 de dezembro de 2020

O princípio da predominância do interesse objetiva nortear a repartição de competências das entidades políticas, tomando como base a natureza do interesse afeto a cada uma delas.

QUESTÃO CERTA: Assinale a alternativa que apresente corretamente o princípio básico para distribuição de competência pelas Unidades da Federação: Princípio da predominância do interesse.

QUESTÃO CERTA: No que concerne à repartição de competência entre as entidades federativas, assinale a opção correta: Lei complementar federal poderá autorizar os estados a legislar sobre questões específicas das matérias de competência privativa da União.

QUESTÃO CERTA: A estrutura que define a repartição de competências constitucionais entre os entes federativos opera-se com fundamento no princípio da predominância do interesse.

QUESTÃO CERTA: A repartição de competência entre os entes federativos do Estado brasileiro está norteada no princípio geral: da preponderância de interesse.

QUESTÃO CERTA: O princípio geral que norteia a repartição de competência entre as entidades componentes do Estado federal é o da predominância do interesse, segundo o qual à União caberão aquelas matérias e questões de predominante interesse geral, nacional, ao passo que aos estados tocarão as matérias e assuntos de predominante interesse regional, e aos municípios concernem os assuntos de interesse local. Com referência ao texto acima e com base na CF, assinale a opção correta: A CF enumerou as competências administrativas e legislativas dos municípios.

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QUESTÃO ERRADA: Segundo a doutrina, ocorrendo conflito entre os entes da Federação no exercício da competência comum ou paralela, a solução se dará por meio do critério da preponderância de interesses, o que implica a prevalência do interesse da União, em face de sua superior posição, na relação hierárquica mantida com os estados e os municípios.

Tem-se que o parâmetro mais consentâneo com a lógica federativa para analisar eventual conflito de competência entre União e os demais entes da Federação é, de fato, o critério da preponderância de interesses, sendo, inadmissível que haja uma presunção absoluta de supremacia do interesse federal sobre os demais entes que compõem a federação brasileira.

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