LIMITES CONSTITUCIONAIS DA MEDIDA PROVISÓRIA E O EXCEPCIONAL CONTROLE PELO PODER JUDICIÁRIO

Abstract

The present study intends to approach the institute of the provisional measure in the Democratic State of Law committed to the realization and fulfillment of fundamental rights of benefit orders, respecting the tripartition functions. The dynamism of the current social interactions demands practical and swift instruments to be made available to the public administrators, attached to the principle of legality. This is where is find the scenario of provisional measure. The main point is that the absence of limits is not allowed in the exercise of rights. Thus, the possibility of limiting the actions of the President of the Republic in the exercise of making provisional measures and the exceptional control by the Judiciary.

Key words: Provisional Measures - Democratic State of Law. Fundamental Rights. Tripartition Functions.