Formação do estado

2023-09-04

Leandro Zaia

Formation of the State: A View According to the General Theory of the State

The General Theory of the State is a discipline that investigates the origin, formation, nature and purpose of the State. The State, as we know it, is a political, social and legal organization that holds sovereign power over a defined territory, being responsible for the order and well-being of its people. But how and why did states form? Let's dive into an analysis of state formation according to this theory.

State Origins

Historically, the formation of States occurred for different reasons and through various processes, such as wars, alliances, negotiations, unions, etc. The General Theory of the State addresses some theories about the origin of the State:

Force Theory: This theory suggests that the State was formed from the domination of one group over another. One group, through force, dominated the others, establishing a centralized authority.

Social Contract Theory: According to philosophers such as Hobbes, Rousseau and Locke, the State emerged from an agreement between individuals. To avoid the "state of nature" where anarchy prevailed, people chose to give up part of their freedom in exchange for protection, giving rise to the State.

Organic Theory or Theory of Evolution: This theory compares the formation of the State to the evolution of living beings. The State is seen as an organism that develops naturally out of the family, clans and tribes.

Constitutive Elements of the State

For a State to be recognized, it is essential that it has:

People: Refers to all the individuals that make up a State, whether they are citizens or not.

Territory: It is the physical space where the State exercises its sovereignty. It includes land, water and airspace.

Sovereignty: It is the capacity of the State to govern itself without external interference, being the supreme and indisputable power within its territory.

Purpose of the State

The State is not just an instrument of power, but aims to promote the common good of its citizens. This is manifested through:

Order: The state provides a stable environment by establishing laws and ensuring their enforcement.

Social welfare: Through public policies, the State seeks to promote health, education, culture, security, among others.

Defense: The State has the responsibility to protect its territory and its people against external threats.

Development: Through economic, infrastructural and social strategies, the State seeks the sustainable development of its territory.

Conclusion

The study of the formation and purpose of the State is essential to understand the political and social organization that guides our society. The General Theory of the State offers tools for a comprehensive analysis of how States emerged, how they are structured and what their intrinsic goals are. Thus, it helps us to understand not only the nature of power, but also the relationship between citizens and the entity that governs their lives.

The Author

Leandro Zaia

Lawyer in Brazil and Portugal, Postgraduate Degree in Business Law from Fundação Getulio Vargas - FGV LAW, Bachelor's Degree in Business Administration, DPO certified by EXIN and Compliance Officer certified by LEC.

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