OLIVEIRA, D. R.; http://lattes.cnpq.br/1434020032845653; OLIVEIRA, Dâmaris Ramos de.
Resumo:
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.