SABOIA, R. B.; http://lattes.cnpq.br/9892059975665819; SABOIA, Rayane Batista.
Resumen:
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.