Executive orders and the interference of the executive branch in legislative activities

Abstract

The present study, entitled 'Provisional measures and the interference of the Executive Power in legislative activities', starting from the question of the division or division of powers, provided for in the Constitution of the Republic of 1988, addressed the issue of the 'Provisional Measure' (MP) as atypical activity of the Executive Power that interferes with the functions of the Legislative Power. The general objective of the study was, therefore, to examine and critically analyze the influence or possible interference of the Executive Power in the functions of the Legislative Power from the perspective of Provisional Measures. To develop the study, legal-scientific doctrines and texts were used, in addition to secondary sources that did not receive analytical treatment, such as legislation, more specifically, Constitutional Amendment n. 32/2001, Resolution no. 1 of 1989, Resolution no. 1 of the National Congress of 2002; in addition to websites and electronic portals, such as the Chamber of Deputies, the Federal Senate and the Presidency of the Republic. As seen, the Judiciary can control the constitutionality of a Provisional Measure even in the event of its conversion into Law, even if such process is tarnished or has suffered interference. Its performance, in this context, is relevant insofar as its function remains to protect the integrity of constitutional norms and principles, compensating for any influences that have contributed to the inertia or negligence of the Legislative Power.