Detalhes bibliográficos
| Ano de defesa: |
2012 |
| Autor(a) principal: |
Rosset, Patrícia
 |
| Orientador(a): |
Santos, Marcelo de Oliveira Fausto Figueiredo |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/6070
|
Resumo: |
This study is not intended to provide solutions for the complex problems in which the States are inserted in the world today due to the clear mitigation of the Principle of Sovereignty and the enormous difficulty in defending democracy in the formal aspect. Today s society presents itself with a factual multiplicity arising from the existence of actors in the decision-making arena in economy, political power, corporate power, the NGOs and internet among others. The State is not the only actor in the national and international scene, this is a unanimous position among contemporary philosophers, constitutionalists or not. What we aim in this study is to outline what can be taken under consideration analyzed institutional relationships in the Brazilian political system, focusing in the Legislative, how it presents and which are its constitutional competences, the challenges that are set and then give solutions for better performance and efficiency in its fundamental prerogatives, that is, as representative of the Brazilian people. Therefore, from the reading of the constitutional text, analyze the factors that led to the current situation where the Legislative meets. In this context it is necessary to outline how the State and the Legislative presents contemporaneously and the difficulties posed by global complexities the next step is to approach the Legislative in the 1988 Constitution, resuming the discussions that preceded the constitutional text during the debates of the Constituent mentioning the debates, the concerns and suggestions presented, to understand the configuration of the Magna Carta text and what resulted from those studies. Thirdly analyze the institutional role of the Supreme Court in these relations between the powers in the Constitution safeguard. To finally focus in the coalition presidentialism, current modus operandi in the current relationship between the powers in native scenario, based in its definition, how it shows and its requirements of existence, questioning such practices installed since it is an institutional anomaly against the constitutional principles of our current Charter. In conclusion, we present our answers and proposals for some of this problems and possible solutions to strengthen the Legislative |
