Autoridade normativa do poder executivo na edição de medidas provisórias frente ao Princípio da tripartição dos poderes.

Abstract

With the evolution of the State appear also state functions as essential activities to society, so the tripartition theory of powers means what the powers of the State and who exercises, and therefore the legislative, executive and judicial powers, which create laws, administer and apply the laws to the concrete case. Along with the typical functions mentioned above, were created the atypical functions of each power, founded mainly in the system of checks and balances, which seeks to ensure the independent and harmony between the powers. Being the object of the present work atypical function of executive power when the issue of interim measures, relating to the exercise of this function with the reflections on the principle of tripartition of powers. As the research methodology used, the work is structured from the bibliographical research technique, in which are analytical and critically examined the doctrine, related legislation, as well as, using the method of the deductive approach, starting with the explanation of the generic to specific, through the systematic interpretation of the theme to which it is proposed. In this way, it was possible to be contacted throughout the history of the Brazilian constitutions, the executive power always stood out in relation to the other powers, mainly when it exerted the atypical normative function, and that in the present constitution the aggrandizement of this power occurs when the president of the republic issues interim measures for purposes other than the purpose of the institute, as well as when it departs from the constitutional requirements of relevance and urgency, jeopardizing the independence and harmony of powers. Therefore, the present work sought to highlight the historical and current superiority of executive power, specifically when it exercises the atypical function of legislating, as well as to highlight the need to establish new limits for the use of the institute of the provisional measure as a strong normative based on the relevance and urgency, so as to guarantee the effective independence and harmony between the State powers.