A crise no estado democrático de direito brasileiro em virtude do abuso na edição de medidas provisórias: o papel dos controles parlamentar e judicial

Abstract

This reports the daily and unconstitutional use of one legislative instrument from executive power – the so-called “medida provisória” – in opposition to what Constitution commands: an exceptional utilization, circumscribed by simultaneous occurrences with utmost urgency and significance. The effects of such disobedience leads to highest normative rules, specially the institutional paralysis of Congress and usurpation of its foremost duty – to create law – besides the juridical insecurity and offence to the fundamental principles in a Democratic State of Law. It emphasizes that, even after the constitutional amendment no 32/01, which brought some gains to the theme regulation, the issue persists. It concludes for the necessity that the Brazilian Parliament and Judiciary power must take effective control over discretionary powers of the President of Republic as a mean to manage the crisis, by considering the inexorability of Executive’s legislative performance in the context of modern state.