PARLIAMENTARIATE NATURE OF PROVISIONAL MEASURES: IMBALANCE OF FORCES BETWEEN EXECUTIVE AND LEGISLATIVE POWERS IN THE PRESIDENTIALIST GOVERNMENT SYSTEM

Abstract

This article analyzes whether there is a possibility of legal uncertainty as a consequence of judgments of real cases with similar facts and legal bases, but for which the Supreme Court of Brazil, in its jurisdictional function, rendered opposing decisions. By giving different answers to similar situations, the Supreme Court hinders the predictability of decisions and creates legal uncertainty, damaging the Democratic State of Law. To better understand this work, it is necessary to study constitutionalism, the evolution of fundamental rights, the growing role of the Judiciary and the role of the Federal Supreme Court to interpret the Constitution, with the duty to respect the constitutional text, and to modify its decision-making position, must be the hermeneutical burden that this entails.