PODER NORMATIVO DO EXECUTIVO E SEPARAÇÃO DE PODERES: REVISITANDO MONTESQUIEU FROM QUANTITY TO QUALITY: THE INDISPENSABILITY OF FOLLOWING CONSTITUTIONAL GUARANTEES OF PROCESS

The article discusses the development of normative acts by the Executive and the problem of separation of powers. The paper examines particularly the classical concept of separation of powers, weighing the views of John Locke, Montesquieu and the North-American Federalists. The text seeks to contextualize the original discussion and point out the diversity of social and political contexts.