Abstract

MONTESCHIO, Horácio. TRIPARTITION OF POWERS IN BRAZIL: NEED TO REALLY BECOME US INDEPENDENTAND AUTONOMOUS. Revista Internacional CONSINTER de Direito [online]. 2020, n.11, pp.495-510.  Epub Dec 18, 2020. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00011.23.

In spite of the wording contained in art. 2 of the Constitution of the Federative Republic of Brazil, which leaves no room for doubt as to its extent and clarity in considering that “there are powers of the Union, independent and harmonious among each other, the Legislative, the Executive and the Judiciary”, in practice it is verified that the Executive Power has assumed force, protagonism and influence on the other powers of the republic to the point of denaturing the republican essence. The present text has put a little more light on the debate that is still incipient, but necessary, to make at least a balanced relationship between the Powers in the Federative Republic of Brazil. There is no longer any way to admit that the Executive Branch within the coalition presidentialism practiced in Brazil continues to be maintained, because the consequences are causing ungovernability, the breakdown of isonomy.

Keywords : Separation of Powers; presidentialism; need to ensure independence and harmony between powers..

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