2011
DOI: 10.1590/s0034-76122011000600006
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Mandando Montesquieu às favas: o caso do não cumprimento dos preceitos constitucionais de independência dos três poderes da república

Abstract: A divisão entre as funções de legislar, de executar e de se manifestar, julgando os conflitos, bem como entre as atividades necessárias à gestão do Estado em um ambiente de res publica, difundida como divisão de poderes, com atribuições precípuas, porém não exclusivas a cada um, é lição antiga deixada por Montesquieu para evitar a tirania do soberano estatal. No caso brasileiro, apesar de a Constituição Federal de 1988 ser considerada a Constituição Cidadã, ela apresenta vícios de origem, sendo o de maior repe… Show more

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Cited by 8 publications
(13 citation statements)
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“…There are certain areas of responsibility (underlined in the table) that are clearly delimited; however, the boundaries of others are blurred, resulting in reciprocal interference, as witnessed by the interventions at times from the executive, and at other times from the judiciary in the legislative domain (Pinheiro et al ., ). The following make up the network of institutions that play a role in the Brazilian state: The executive The legislative The judiciary Council of the Republic Operational structures National defence council Brazilian College of Advocates Enter complete name. Unions Political parties Environment (social, political, economic, cultural) Then, within this network, we can identify the following relationships: Normative and regulatory flow of information Flow of information about the environment Choice of members of various councils Choice of members of the high level judiciary Choice of members that comprise the executive and legislative Flow of information and triggers aimed at budgeting and control …”
Section: The Brazilian Casementioning
confidence: 97%
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“…There are certain areas of responsibility (underlined in the table) that are clearly delimited; however, the boundaries of others are blurred, resulting in reciprocal interference, as witnessed by the interventions at times from the executive, and at other times from the judiciary in the legislative domain (Pinheiro et al ., ). The following make up the network of institutions that play a role in the Brazilian state: The executive The legislative The judiciary Council of the Republic Operational structures National defence council Brazilian College of Advocates Enter complete name. Unions Political parties Environment (social, political, economic, cultural) Then, within this network, we can identify the following relationships: Normative and regulatory flow of information Flow of information about the environment Choice of members of various councils Choice of members of the high level judiciary Choice of members that comprise the executive and legislative Flow of information and triggers aimed at budgeting and control …”
Section: The Brazilian Casementioning
confidence: 97%
“…In many cases, the parties form alliances of convenience that weaken their legitimacy (Pinheiro et al ., ). Ultimately, these alliances limit the possibilities of the system of government to represent the variety of the social environment, because the screening by the parties act like a filter, influenced by the vested interests of specific political groups.…”
Section: Viable System Model's Contribution To the Brazilian Casementioning
confidence: 97%
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