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Previous issue date: 2005-11-23 / The purpose of the following thesis is to show that even the Federal
Constitution had adopted the Theory of power s division, as according to the idea of
Montesquieu, foreseeing the existence of the Executive, Legislative and Judiciary,
independents and harmonics, although with an certain control of each other to
prevent the concentration of powers in only one person or only one organ, in fact the
Constitution itself by preventing the power of the President allows him that he
interferes on others powers, therefore, puts him in supremacy related to the
Legislative and to the Judiciary.
The study in front of the history in Brazil justifies itself, where is noted the
President, using the constitutionals powers that are given to him, legislates more than
the Legislative name members to the Audit Court, which is Legislative´s aid organ
with the function of inspect the President s accounts. What is respected to the
Judiciary, the history shows the nomination of integrants of the Courts, who are
derived from political parties, fact that is not accepted by the Judiciary that members
have compromises with ideologies from a political party. Therefore, the creation of an
organ with outer control of the Judiciary, puts him in a lower position in relation to the
others powers, which not suffer this kind of control, once more recognizing the
interference of the President that name the members of the outer control.
Withdraw the presidential is not impose, also this form of government do not
allow the absolutism presidential.
Basing on Montesquieu´s theory and reading the Constitution there is the
conclusion of the necessity in modifications on the Constitutional Text in order to
repel the supremacy of powers from the president and locate the Three Powers of
the State on the same constitutional level, considering that the experience and the
history show that the real and alive forces of powers that constitutes the Brazilian
State do not accept the concentration of powers in only one person or only one
organism / o Presidente da República detém supremacia em relação aos poderes legislativo e judiciário, através das medidas provisórias, leis delegadas, nomeação para o Tribunal de Contas e nomeações para o Supremo Tribunal Federal e outros órgãos judiciários.
| Identifer | oai:union.ndltd.org:IBICT/oai:leto:handle/6379 |
| Date | 23 November 2005 |
| Creators | Carvalho, Jeferson Moreira de |
| Contributors | Garcia, Maria |
| Publisher | Pontifícia Universidade Católica de São Paulo, Programa de Estudos Pós-Graduados em Direito, PUC-SP, BR, Direito |
| Source Sets | IBICT Brazilian ETDs |
| Language | Portuguese |
| Detected Language | English |
| Type | info:eu-repo/semantics/publishedVersion, info:eu-repo/semantics/doctoralThesis |
| Format | application/pdf |
| Source | reponame:Biblioteca Digital de Teses e Dissertações da PUC_SP, instname:Pontifícia Universidade Católica de São Paulo, instacron:PUC_SP |
| Rights | info:eu-repo/semantics/openAccess |
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