O constitucionalismo brasileiro: a separação de poderes e a relação de autonomia e interdependência em faces das atribuições atípicas

Abstract

The present work proposes to analyze the relationship of autonomy and interdependence of the Brazilian Republic's powers in the exercise of its functions and in decision-making. The study will have as general objective, to analyze the nuances of the current Brazilian Constitutionalism, relating the autonomy and interference of the powers, verifying the legal effectiveness of the decisions taken beyond their original attributions. Specifically, it will address the Constitutional Principles that guide and ground the study in question; The analysis of the system of separation of state functions; The Legitimacy of Powers in typical and atypical attributions, secondary to their functions, and the legal effectiveness of the decisions taken, when the interference of one function over the other, resulting in clear encroachment of competence. The research will adopt the deductive method and as a research technique, the bibliographic one. The problem is to gauge the extent to which, in the exercise of its atypical functions, one Power can interfere in another, and the legal effectiveness of these decisions. It is concluded that, although there is constitutional protection and the acts are endowed with juridical effectiveness, since there is the prediction of atypical functional assignments, the evidence of usurpation of competence becomes clear.