During the interim governments of Getúlio Vargas and José Linhares respectively in 1933 and 1945, a set of laws were dispatched whose function was primarily to define procedures governing the holding of the Constituent Assemblies of 1933-34 and 1946. That set of laws, however, conferred powers on the executive that are not legitimate in a representative democracy. The purpose of that search is therefore to analyse how those laws were received, discussed and reconfigured within the Constituent Assemblies. This research was carried out by analysing the Anals of the Constituent Assemblies of 1933-34 and 1946, where we were able to capture how these political actors thought about democracy and the separation of powers. In addition, we have a discussion with the political and constitutional theory in order to understand how it perceives the issue of the intervention of the executive in Constituent Assemblies.