Navegando por Assunto "Poder executivo"
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Item Análise da estrutura pela qual se desenvolve o ativismo judicial brasileiro no âmbito do Supremo Tribunal Federal(Centro Universitário do Estado do Pará, 2018-12-14) Xavier, Danilo Pereira; Oliveira, Adriano Carvalho; Peixoto, CarlaThe judicial activism of the Federal Supreme Court is a current topic whose discussion goes beyond the legal framework. It is observed that the Supreme has been assuming in the last years important political and social role. Subjects with high moral content, controversial, drivers of Brazilian life, have been decided by this Court. Faced with this fact, it is imperative to study the judicial activism that develops within the scope of the Pretório Excelso, because it is a question of studying the decision-making behavior of the one who has the last word in the interpretation of constitutional norms in Brazil. In this context, the present work will focus on the analysis of some activist decisions of the 21st century that involve themes from the most diverse branches of society. To do so, we will first make an exposition about the elements necessary to understand the theme. Then, it will be shown which role falls to the Supreme within the Brazilian constitutional logic. And, later, some emblematic activist decisions will be analyzed. Finally, it will be noted that these decisions reveal, above all, the intrusion of the STF into the sphere of action of the other Legislative and Executive Powers, putting in check the principle of tripartition of Powers and the functionality of the check and balances system.Item Uma reflexão sobre o uso das medidas provisórias pelos presidentes brasileiros após a Constituição de 1988 seus riscos à separação dos poderes(Centro Universitário do Estado do Pará, 2019-06-24) Diniz, Gabrielly Cardoso; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965The recurrent violation of the basic rights of the citizen in a context of great institutional insecurity and high concentrations of power, where the people lived susceptible to the arbitrariness of the sovereign, who gathered all the power in himself, did with the development of, over the centuries, which today is called the Principle of the Separation of the Functions of the State. This principle, along with the system of checks and balances, favors a division in functions of the Executive, Legislative and Judiciary, in which one cannot overlap with the other, but will be in constant collaboration and vigilance, in order to avoid the excesses of power. This academic work proposes to search for the number of Provisional Measures published and converted into law from 1995 to 2018, seeking to understand the interference of the Executive over the Legislative and to verify if there is an imbalance in the exercise of State functions and what their possible consequences. For that, a bibliographical, documentary and theoretical research was carried out through a deductive method, and as a technique, textual and interpretative analysis.