A reserva de jurisdição

• Ano de defesa: 2009
• Autor(a) principal: Pinto, Guilherme Newton do Monte
• Orientador(a): Smanio, Gianpaolo Poggio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Palavras-chave em Português: teoria do estado; reserva de jurisdição; poder judiciário; separação de poderes; função jurisdiciona
• Palavras-chave em Inglês: reservation of jurisdiction; the judiciary; separation of powers; jurisdictional function
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/23981

The separation of powers, in its historic design, should be glimpsed in its multiple dimensions social, legal, political and organic-functional and if it´s certain that currently it´s not taken into account its social and political dimensions, it has, in the current stage of contemporary constitutional State, the exact meaning of conciliation, equilibrium and harmony between its political and organic-functional dimensions, once it seeks to assign to each established organ certain functions that allow, within a system of checks and balances, harmony, coordination, interdependence, cooperation, to reach a more complete political balance as possible and aiming, at the same time, as far as possible and without harming the pursued balance, to assign functions in accordance to the Constitution, the capability, training, composition, in short, the profile, the vocation and the specific ability of each body, which means that, despite the impossibility of an exclusive attribution, each organ must have a preponderant function. The reservation of jurisdiction, in turn, while available at the same time to organic arrangements and functional efficiency, at the moment that preserves, to the courts, the full exercise of the function that, based on adequacy and efficiency standards, it is constitutionally assigned, as well as the political balance, since focused only on a minimum essential nucleus of typically jurisdictional function, deviates and repudiates the absolute correlation between organ and function and the typical functional exclusivity of a rigid separation that, as seen, would invariably conduct to the supremacy of only one power and, therefore, to a political imbalance, does nothing more than reproduce the idea and the purposes contained in what we call organic-functional and political dimensions of the separation of powers, so we can say that it´s currently the most incisive and faithful expression of separation of powers, as it stands in contemporary constitutional State.