Uma reflexão sobre o uso das medidas provisórias pelos presidentes brasileiros após a Constituição de 1988 seus riscos à separação dos poderes

Abstract

The 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.