O uso de medidas provisórias no presidencialismo Brasileiro e seus reflexos e seus reflexos na teoria de tripartição dos poderes.

Abstract

This study is a critical analysis of Provisional Measures grounded in constitutional requirements and the Theory of Separation of Powers. The mentioned institute brought to the legal order. The mentioned institute was brought into the Brazilian legal order when the enactment of the 1988 Federal Constitution. Thereby, it is worth askwhether it has managed correspond to expectations of the legislator when chose to include it in our regulatory system.Thus, to achieve the objectives of this study, it was sought to understand the Theory of the Separation of Powersince its most distant origin until its crystallization in the work of Montesquieu. Then discussing the elements that compose the study of provisional measures to finally deliberate critically about their use in the Brazilian presidentialism. The approach method of the investigation was deductive, much in the way of immediate conclusion, as immediately. Regarding to the procedure adopted for search findings during the research, were used the literature, legal and historical methods.The techniques applied in this procedure, treat the indirect documentation with data collection of the subject. Therefore, having as north of the principles of the respect for constitutional norms established for the issuance of provisional measures, intends to analyze how the Chief Executive Branch has been making use of them, and has been compatible with the purposes of the proposed priori, complying with the Theory of the Separation of Powers. Therefore, the legal relevance of the subject is located in the fact that they are in theory, extraordinary measures, provisional measures, when not used properly, can cause serious damage to our legal system, as well as to our institutional basis in order to affect the structure that underpins our Rules-Based Democracy.