Abstract:
The introduction of an expenditure limitation to all political structures in the federal level of government brought by the New Fiscal Regime is already submit to judicial abstract control based on an alleged violation of the separation of powers clause. The discussion also involve the preservation of financial autonomy granted by constitution to the Judiciary and other institutions in the control system. The case law in the Constitutional Court about the meaning of the financial autonomy examined in that article provides some guidance to the analysis of the unconstitutionality allegation. The article also examines the alleged violation of the separation of power clause, considering its instrumental role when it comes to preserving constitutional values as democracy, efficiency and human rights. The conclusion is that there are not substantive elements to allow, based in such a vague clause as separation of powers, an a priori ruling of unconstitutionality.Time alone, can present in the application level, substantive elements that might corroborate the alleged unconstitutionality.
Keywords:
New Fiscal Regime; Constitutional Amendment 95; fiscal balance; financial autonomy; separation of powers