Separação de poderes: das origens à constituição de 1988

by de Aguiar, Valéria Curi

Abstract (Summary)
Article 2 of lhe Brazilian Constitution of 1988 sets forth as a fundamentalprincipIe that lhe Legislature, lhe Executive and lhe Judiciary, "independent andharmonious among themselves", are lhe powers of lhe Union. This principIe has been"set in stone" under article 60, § 4.°, lU, which states that this separation ofpowers maybe neither discussed nor amended.This dissertation aims to -discusslhe separation of powers, from its origin upuntil lhe Constitution of 1988, and comes at lhe conclusion that lhe ideaIs of article 2have not been confirmed in practice, and that it is lhe Executive Power which has, infact, gained lhe upper bandoThe discussion has been divided into three parts: lhe first (chapter 1), which ismore philosophical in nature, looks into lhe word power (poder in Portuguese), lheexpression SeparatÍon of Powers and lhe philosophical thinking behind lhe theory ofMontesquieu; lhe second part (chapter 2) which is more concemed with lhe evolutionof lhe matter, examines its development in English, French and United Statesconstitutionallaw, in Liberal Social Democratic states under lhe mIe of law and underlhe Brazilian Constitutions. The third part (chapters 3, 4 and 5) seeks to investigate howlhe separation of powers was achieved under lhe 1988 Constitution, what lhe functionsof each of lhe Powers are and lhe reasons in law for lhe disequilibrium in lhe harmonyand independence between lhe Powers
This document abstract is also available in Portuguese.
Bibliographical Information:

Advisor:Maria Garcia

School:Pontifícia Universidade Católica de São Paulo

School Location:Brazil

Source Type:Master's Thesis

Keywords:direito poder executivo brasil ministerio da saude secretaria executiva constituicao 1988 separacao de poderes


Date of Publication:04/12/2006

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