A COMPETÊNCIA DOS ESTADOS-MEMBROS PARA LEGISLAR SOBRE ROTULAGEM DE PRODUTOS: LIMITES E POSSIBILIDADES A PARTIR DA JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL

Abstract

The Federation, as a form of state that advocates the distribution of political power in a given territory, faces the challenge of reconciling between uniform national normative treatment and recognition of autonomy for peripheral entities to adress on matters of regional or local interest. In Brazil, the system of division of powers enshrined in the 1988 Federal Constitution is characterized by the concentration of political power at the federal level. Furthermore, judicial interpretation of federative conflicts tends to favor centralization, to the detriment of the exercise of legislative powers by States and municipalities. However, certain issues raise controversy in case law, such as the possibility of subnational entities enacting laws that deal with product labeling. The changes in understanding within the scope of the Federal Supreme Court result from the lack of rational criteria in the activities of qualifying laws and resolving conflicts of jurisdiction, making it necessary to analyze the reasoning adopted in each decision in order to define the legitimate scope for legislative action of states on this matter.