Parlamentarismo/Presidencialismo x Planejamento Democrático a Favor da Proposta Comparato

Abstract

This essay considers hte insufficiency of the parlamentarism/presidentialism controversy to face the central problem of the democratization of Brazilian State. It discusses the function of planning - as an independent and autonomous organ of the Executive Power - from a proposal presented by Fábio Konder Comparato, in his preliminary draft of the Constitution. He makes an analysis of the Brazilian reality and shows how neither of the two "classic" forms of government is adequate for incorporation the function of democratic planning. He also emphasizes the necessity of autonomy in planning which should however, be submited to referendum (amplified representation) and to the mutual control of the powers. It is based on the principle that the prime function of the modern State in the production of the policies - understood as action programs - and no longer the production of Law, as in classic constitutionalism.