The Role of Constitutional Courts in Limiting Executive Power: A Comparative Analysis between France and Brazil

Abstract

This article examines and compares the role of constitutional courts in limiting executive power in France and Brazil. It analyzes the structure, jurisdiction, and powers of the French Constitutional Court and the Brazilian Federal Supreme Court, exploring the political and social impacts of their decisions. The comparative study reveals that both courts, despite their structural and jurisdictional differences, have effectively maintained the balance of power and prevented the concentration of executive authority. In France, the Constitutional Court primarily focuses on reviewing laws and international agreements, upholding human rights and democratic principles, while the Brazilian Federal Supreme Court is recognized as an active institution in combating corruption and overseeing executive actions. By analyzing key decisions of these courts, the article assesses their social and political effects and concludes that both courts have effectively contributed to limiting executive power and preserving democracy in their respective countries, considering their unique political and social contexts.