Abstract

BERNARDES, Flávio Couto  and  GONTIJO, Pedro Augusto Costa. THE LIMITS OF THE LEGISLATIVE ACTIVITY OF THE EXECUTIVE POWER IN THE MATTER OF PRIVATE LAW. Revista Internacional CONSINTER de Direito [online]. 2020, n.10, pp.293-314.  Epub June 30, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00010.14.

Legislative activity of the Executive Branch has gained increasing prominence in Western legal systems. Its contrast with the principles of the rule of law and legality are the basic key to assess the scope of given normative competence. For the present analysis, we will evaluate the challenges of the crisis of the principle of legality nowadays and, soon after, how to structure the normative activity of the Executive Branch in the Brazilian legal system. In the end, the limits of the regulatory activity regarding acts of control intervention will be proposed on the scope of the relations developed by private individuals within the framework of Private Law. For that, an inductive-hypothetical method was used, with explanatory-qualitative bias.

Keywords : Legislative activity of the Executive Branch; Regulation; Acts of control intervention; Private right..

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )