Medidas provisórias ? : análise crítica ao texto constitucional

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

Provisional remedies? Critical boarding to the constitutional text in vigor consists on the study of the provisional remedy while primary normative instrument capable to innovate the law system. The dogma of the power separation was idealized at a historical moment where rational limitations to the power of the sovereign were searched. It was the transition of the State Absolutist for the Liberal State. In the present time, with the adoption, for the Federal Constitution, of the welfare state model in the delimitation of the scope of performance of the Executive, justifies it necessity of an agile way so that the President of the Republic stones the jurisprudence in excellent and urgent cases, using itself of the provisional remedy as govern utensil. However, the wild edition of provisional remedies, the disrespect to estimated constitutional of the relevance and the urgency, the inertia of the Legislative in regards to the appreciation that compete to it, the jurisdictional endorsement to the new edition and the constitutional reform promoted by EC 32/2001 in such a way become essential critical analysis of the constitutional text in the original writing how much in the writing after the innovations promoted in 11 of September of 2001. The work if ties with the line of research of the socioambientals rights not only because it analyzes them to be able of the State contemporary and its respective limitations, controls and interferences, but also because it is not stolen to the study of the democracy while bedding of the power in the Brazilian Democratic State.

ASSUNTO(S)

estado direito constitucional separação de poderes medida provisória direito

ACESSO AO ARTIGO

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