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Separation of Powers and Institutional Balance in the Brazilian Constitutional System



This article indicates the importance of the separation of powers as a fundamental principle in the Brazilian constitutional system, highlighting the function and interaction of the Executive, Legislative and Judiciary powers. The mechanisms that seek to ensure institutional balance and the independent action of each power are analyzed, as well as the contemporary challenges that arise in this context.

 

The separation of powers is one of the foundations of the democratic system and the rule of law in Brazil. In this article, we examine the relevance of this principle for protecting citizens' rights and maintaining limited government, as well as the strategies employed to prevent the concentration of power.

 

1. Executive Power: Functions and Constitutional Limits:  

The role of the Executive Branch in conducting public administration and implementing government policies. We also discuss the control and oversight mechanisms exercised by the Legislative and Judiciary over the Executive, ensuring respect for constitutional principles.

 

2. Legislative Power: Representation and Legislative Process:   

The legislative function of the National Congress and legislative assemblies, highlighting the importance of representativeness and democratic participation in the drafting of laws. We also explore the processes of drafting, discussing and approving laws, as well as the role of the Legislature in controlling the Executive's actions.

 

3. Judiciary: Guarantee of Rights and Control of Constitutionality:  

The role of the Judiciary in protecting the fundamental rights of citizens, its role as an interpreter of the Constitution and its responsibility to guarantee justice and impartiality. We also explore constitutionality control mechanisms, such as direct action for unconstitutionality, which allow the Judiciary to supervise the conformity of laws with the Constitution.

 

4. Institutional Balance and Separation of Powers:  

The importance of institutional balance to avoid excessive concentration of power in a single body or individual. We discuss how the system of checks and balances between powers seeks to ensure that no power governs arbitrarily, guaranteeing the protection of citizens' rights.

 

5. Contemporary Challenges:

Current challenges, such as the need to improve transparency and accountability, as well as independent action in a complex political environment. Ethical and practical dilemmas are also discussed, such as the relationship between the justice system and political powers.

 

Conclusion:

 

The separation of powers is a central pillar of the Brazilian constitutional order, ensuring limited government, the protection of rights and the preservation of democracy. By balancing the functions and interactions of the Executive, Legislative and Judicial branches, the system promotes stability and justice for the benefit of citizens. Constant vigilance and collaborative action are essential to maintain this balance and strengthen democracy in Brazil.

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