Understanding Accountability and Executive Power in Brazil

Classified in Law & Jurisprudence

Written on in English with a size of 2.69 KB

Question: Define what is accountability and differentiate two dimensions: horizontal and vertical. Accountability is an attribute of democracy that implies control of the government by the governed.

Vertical Accountability

This dimension concerns relations between citizens and representatives, which are classically established through elections.

Horizontal Accountability

This dimension respects the relationship between the powers that be, involving checks and balances. A power controls and supervises the acts and omissions of the other. Question: The analysis of legislative production in Brazil in the post-88 indicates a supremacy of executive power. Indicate the reasons contributing to this predominance of the executive. The Constitution of 1988 considerably increased the legislative powers of the President (e.g., guarantees exclusive legislative initiative to the president on budgetary matters) in order to ensure expeditious considerations. The executive dominates the legislative process because it has agenda power (the ability to determine not only which matters will be considered by Congress, but also how they will be processed and passed) within a legislature that is highly centralized and organized around rules that distribute parliamentary rights in accordance with party principles. Within this institutional framework, the president has the means to induce parliamentary cooperation. However, legislators find no institutional framework to pursue their own particularistic interests. Instead, the best strategy to obtain resources in order to secure electoral votes is to remain disciplined. In addition, the executive, by controlling access to patronage, has the resources to impose discipline on members of the coalition that supports it. Thus, by providing the means to threaten and impose sanctions, the executive is able to obtain consistent party support. In the presidential government, devised by the federalists, it was established that the powers should act in balance: the legislature should primarily work out the laws and monitor the acts of the executive, while the executive should, in general, exercise governance. Over time, the executive has taken on increasing responsibilities and duties towards society to meet the demand for more flexible measures for the implementation of policies, especially in the economy. Therefore, to address the increasing needs of companies, executive power has gained more authority to make appointments, sign treaties, exercise military command, promote changes in the Constitution, legislate by decree-law, initiate legislation, among other assignments.

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