O princípio da separação dos poderes e o limite na edição de medidas provisórias.

Abstract

The 1988 Constitution, in addition to following the principle of separation of powers, established the system of checks and balances, stating that should the three powers act in harmony, so that the division between the executive, legislative and judicial, should have interdependence each other, so that a put limits to the actions of the other. In Article 62, provides the Constitutional Charter the Institute of provisional measure, to be used only in cases of importance and urgency, as urgent as it came, this legal instrument to replace the instrument of law decree provided for in the previous constitutions , giving such a democratic bias to emergency measures. By creating such a measure, the original constituent, had the main objective to serve the public interest in cases of extreme necessity and urgency, to be made possible more rapid development of such standards, otherwise would immeasurable losses if they were created by observing the ordinary legislative procedure. Through the MPs, the executive branch has progressively exceeding from his skills; using an institute, according to its essence, it should be used only in extraordinary situations where inexorably observed the presence of their assumptions. This time is, increasingly, with hyperinflation Executive fact that contrary to the democratic state in which it operates in Brazil, in addition to violating some of the main principles that guide the organization of the Brazilian state, the separation of powers and such as legal security.