The basic role of the Brazilian parliament is neglected, according to a professor of constitutional law, André Marseille. In an analysis of the current dynamics between the authorities of the Republic, the lawyer argues that the National Congress failed in its basic mission to maintain the institutional balance.
Marsiglia emphasizes that, unlike joint awareness, the basic function of Parliament is not only legislative production. “The essence of Parliament is to be able to balance the powers, and not to control one of them,” the teacher explains.
The analysis was while participating in WW and privateWith William Wak, who discussed the danger of freedom of expression in general.
Reducing control as a democratic guarantee
A specialist in freedom of expression, MARSIGLIA argues that mitigating control between powers is very important to avoid abuse.
“The higher the number of reduced control, the more we do not face the discretionary power of one of the powers, one of the members of Parliament, any person.”
According to the teacher, Parliament capable of confrontation with other powers is a sign of democratic health, not a problem. However, it is noted that the current scenario raises anxiety, with the judiciary a prevailing role in defining the cases that should be dealt with by the legislative body.
Criticism of “judicial jurisprudence” for the accordion
The lawyer criticizes what he calls “judicial jurisprudence” for the judicial confrontation, in reference to the lack of consistency in the judicial decisions that, according to him, “goes there, goes here, opens and closes the accordion according to the occasion.” This situation, in his opinion, is harmful to institutional balance.
The teacher concludes that the expected role of Parliament is not merely the creation of laws, but rather the balance of powers.
“This is the institutional role that I expect from Parliament: not to develop laws and solve our problems, but to restore balance in the forces so that they can gradually form mosaic that can give us these solutions,” Mars concludes that the conference does not fulfill this basic function currently.
WW and private
It is presented by William Waack, and the program will be shown on Sunday at 10 pm on all platforms CNN Brazil.