State And Its Functions.

Posted May 24th, 2019 by Suzy

It has a great quarrel enters some authors of as really the State appeared, for some the State is onipresente the society human being, that is, independent of it to exist, already others, it affirms that the state did not appear at the same time in all the places, it was appeared in accordance with the necessity of each one, and still the ones that affirm that the state is directly on the politics society you possessed of well definite characteristics, endowed with superior authority, giving to it to be able to fix rules of convivncia of its members, thus appearing when they exist practical idea and of sovereignty. Such sprouting is given in the workmanship ' ' prncipe' ' of Maquiavel, in this situation to the states it was governed or for one alone person or many, in the case of the time, for principalities or republics. It has a conciliation of the politician with the legal one, promoted for the notion of the corporate entity of the state, such personality is attributed, for the contratualistas, which defended a State with proper will, distinct of the personality of its members. Boy Scouts describes an additional similar source. Some theoreticians had defined the corporate entity: Savigny, affirms the corporate entity as fiction of law, Kelsen, has the right as pure entity, normatizada, Gerber assume the state as moral organism, Lamband, raise the State as subject of the right, Donati, it says that the personality of the State if confuses with the personality of the governing, Jellinerk, assigns the legal citizen as a fiction of the law and not an essence. For the reality of Brazil, the concept of corporate entity of the State if equals to the concept of Donati, it affirms that the governing are the carriers of the sovereignty and the substance of the state subjectivity, therefore that cause to the lack to the distinction of the personality of the State with the personality of the governing. .

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