Divisão de poderes: origem, desenvolvimento e atualidade

• Autor(a) principal: Nascimento, Ricardo de Castro
• Data de Publicação: 2017
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19760
• topic: Separação de poderes; Direito constitucional - Brasil; Direito constitucional - Estados Unidos; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The objective of this present thesis is the theory of the division of powers since its most remote origin to be found in the concepts of the Greek philosophers Plato and Aristotle up until the very present time in Brazil. We shall go through the evolution of the modern constitutionalism originated in England, in France and in United States by the hands of its most eminent authors (John Locke, Montesquieu and the federalists) and their most important works (Two treatise of government, L’spirit du Loi and The federalist papers), focusing special attention to the context in which those books vere written, for the theory of division of powers is the fruit of political experimentation a lot more than a preconcepted doutrine. We shall get to Brazil and its first republican constitution which format and most relevant concepts, like presidentialism and federation, were imported from The United States, by hands of Rui Barbosa. Finally, it must be , despite the fact that the Brazilian constitution of 1988 formally recognizes the separation of powers, in fact it has generated a presidentialism system of government marked by a parlamentarist activity (the so called presidentialism of coalition), with great party fragmentation and a Judiciary increasingly more and more activist. The study of the theory of division of powers, in his classic model, is necessary, but insufficient, in order to understand the current dynamic of political constitutionalist system of today in Brazil