SEPARATION OF POWERS AND JURISDICTIONAL FREEDOM

The present work analyzes the Theory of Separation of Powers and the System of Brakes and Counterweights, as a way of preserving the autonomy and independence of each of the powers and allowing mutual control and control, avoiding mismanagement and abuse. This classic theory, structured by the Baron de Montesquieu, has now been severely mitigated by the strengthening of the judiciary over the others, called to analyze causes of the most varied themes, alleging inefficiency of the legislature and executive and the need to rights and guarantees. In addition, it was found that, instead of the Judiciary, it endeavored to combat the crisis of parliamentary representation and disenchantment with the political system set up, bearing in mind the conception of harmony and independence between the three powers, which in fact occurred was the supremacy of the Judiciary over the other powers.