THE PRINCIPLE OF SEPARATION OF POWERS: NA ANALYSIS OF THE LEGISLATIVE PROCEDURE OF PROVISIONAL MEASURESAND DELEGATED LAWS IN THE CONTEXT OF THE 1988 CONSTITUTION OF REPUBLIC

Abstract

The following text analyzes the contente of the principle of separation of powers in the contexto of the 1988 Constitution of the Republic , and notably, it’s develeopment through two legislative types, namely, provisional measures, and delegated laws. The analysis was conducted acoording to the utilitarian perspective of Jhon Stuart Mill outlined in his essay On Liberty. As a general objective, the text aims to analyze the distribution of functions among the constituted powers, nameley, the Legislative, the Executive, and the Judiciary. The specific objectives of the text are follows: a) analyze the foundations of constitutionalism in the periods of Antiquity, the Middle Ages, Modernity, and contemporary times; b) distinguish legal rules and principles as normative as normative species; c) analyze what the political power exercised by the Brazilian state consists of; d) analyze the relationship established between the Government and the distribution of state functions; e) analyze the purpose of the principle of separations of powers; f) to make explicit the situations in which the principle of separation of powers is not applicable to specifc cases; g) analyze the legislative process (procedure) of provisional measures in the context of the Brazilian legal system; h) analyze the legislative process (procedure) of delegated laws in the context of the Brazilian legal system. The research developed is based on a review of national and foreign literature, and the method applied for the development of the text is the hypotetical-deductive method. As a result, the research found that tha Brazilian state needs to promote the political education of the people to achieve the common good of individuals to the greatest extent posible.