As influências do poder moderador na formação histórica do poder executivo federal brasileiro

Abstract

In the historical roots one can find the sources to better comprehend the characteristics of the Executive Power which today is in force in Brazil and in this way analyze its relation to the other powers: Legislative and Judiciary. The goal of this study is to demonstrate the possible influence of the Moderator Power on the historic formation of the Brazilian Federal Executive Power, thus leading to a greater knowledge of the evolutionary character of this institution. An analysis was done of the evolution of the Modern States and the characteristics of the European absolutism. In the same way the process of the centralization of powers in the hands of Dom Pedro I, the use of politics, of history and of theology as justification tools for the Moderator Power imposed on the Political Constitution of the Empire were analyzed. All of this presented, the conclusion shows the influence of the attributions of the Moderator Power on the attributions of the Brazilian Federal Executive Power expressed in the first republican constitution, resulting in the imbalance between the powers of the State: Executive, Legislative and Judiciary.