Sua majestade, o presidente da república: o sistema presidencialista e seus efeitos em face da democracia brasileira

Abstract

Despite the republican history of Brazil being marked by constant abuse of power by some Presidents of the Republic, it cannot be denied that the North American model of governance, adopted by Brazil, has endured over time and maintained considerable stability, even in the face of relevant institutional crises, such as the 1930 Revolution. However, it cannot be ignored that without an effective system of checks and balances, the presidential system allows the one who assumes the position of Head of State, Head of Government, and Head of the Public Administration to exploit the inherent prerogatives to remain in power and usurp functions of other branches of government. This includes legislating and even judging potential opponents, declared or not, using physical force and intimidation, effectively establishing a true monarchy. In this context, the president becomes a presidential monarch, leading a dictatorial regime, as pointed out by Hindemburgo Pereira Diniz (1984). Therefore, this research, aligned with the theoretical assumptions of Paulo Bonavides (2005) and others, aims to investigate, through a theoretical-bibliographic study, the effects of the presidential system of government on Brazilian democracy, considering especially the legal foundations that granted it the prerogatives of an absolutist monarch. Results indicate, however, that in Brazil, the “system of checks and balances,” after the 1988 Constitution, has been effective in curbing the dictatorial aspirations of the Chief Executive of the Union