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Article

Portuguese

ID: <

oai:doaj.org/article:5ce423f14adb480bb3673071e10840cf

>

·

DOI: <

10.5585/prismaj.v7n2.1254

>

Where these data come from
The institute of the binding summary and the theory of separation of powers

Abstract

Neste work shows how a more imprisoned view of another science can be of great benefit to legal science. Our aim was to analyse the profound imbalance between the powers that the adoption of the Institute of Binding Summaries would bring to the Brazilian constitutional aparate. Through an interdisciplinary approach that combines political science and legal sciences, we carry out a comprehensive literature review on the subject. We note that specialised literature does not make clear the distinction between separation of powers and checks and checks. That is why a number of experts claim that the adoption of the binding summary would unbalance the powers. I conclude that that statement cannot be taken as true because, first, our political system is structured in the principle of shared powers and, secondly, the STF is not given the power to open the legal order by creating rights and duties, as is the case with the legislature.

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