The division of state power has been a recurring theme throughout history, with particular emphasis during the French Revolution, a time when its division proved necessary for social conflicts and the public interest to align with the concept of a more just and balanced society.

In this context, one of the proposed solutions came from Locke and Montesquieu, who argued that, to curb arbitrariness and abuse of power, it could not be concentrated in the hands of a single person, but rather should be distributed among different bodies with different functions, based on a system of checks and balances.

Another contribution of Locke is the connection between the doctrine of the separation of powers and the rule of law, conceiving it as a prerequisite for the latter: for the law to be applied impartially, it is necessary that the men who make it are not the same men who apply it, thus prevailing the conception of the existence of an independent and distinct legislative and executive power.

FUNCTION OF LEGISLATIVE LAW

Legislative Law occupies a central place in the structuring and maintenance of the Democratic Rule of Law. Its importance stems not only from the legislative function attributed to the Legislative Branch, but also from the role that legal norms play in the organization of society, in the protection of fundamental rights, and in the delimitation of state power. 

Legislative law is not limited to the creation of laws, but encompasses the entire set of rules, principles, and procedures that govern legislative activity, conferring legality, legitimacy, and rationality upon it.

A democratic state governed by the rule of law is characterized by the submission of all—including those in power—to legal norms, based on popular sovereignty, the separation of powers, and the guarantee of fundamental rights. In this model, the law is the main instrument for controlling and limiting power, being the result of democratic deliberation and an expression of the general will. 

Thus, legislative law is essential because it provides the means by which this collective will is transformed into binding norms that regulate social coexistence and the actions of the State.

At the institutional level, Legislative Law ensures that the lawmaking process follows clear, transparent, and participatory procedures. This includes rules on legislative initiative, processing in parliamentary chambers, thematic committees, debates, amendments, voting, and presidential approval. 

These procedures are fundamental to ensuring the legitimacy of the legislative process, preventing arbitrariness and promoting political pluralism. Without rules governing this process, there would be a risk of abuse of power, approval of laws without adequate debate, and disregard for the popular will.

Legislative Law from a Constitutional and Institutional Perspective

Legislative Law is the field that ensures the conformity of norms with the Federal Constitution, both from a formal and material point of view. The control of the constitutionality of laws is an essential mechanism for defending the legal order and the supremacy of the Constitution. This control, exercised mainly by the Judiciary, is fueled by well-crafted legislation that respects the constitutional limits of competence, due legislative process, and democratic principles.

By its very nature, Legislative Law acts to define the legislative powers among the entities of the federation. The Federal Constitution establishes exclusive, concurrent, and shared powers, which requires the legislator to have technical understanding in order to respect the limits imposed by the federative structure. The correct distribution of powers avoids federative conflicts and ensures greater efficiency in normative production.

From a substantive perspective, Legislative Law acts to protect fundamental rights, since it is through laws that guarantees such as access to justice, the right to education, health, work, and security are realized. 

Legislation is also the means by which public policies are established, private relations are regulated, and public services are organized, and is therefore essential for the realization of citizenship and the reduction of social inequalities.

In a democratic state governed by the rule of law, Parliament is the representative body by its very nature. Legislative activity, governed by legislative law, is the direct expression of popular sovereignty, since parliamentarians are directly elected by the people. Normative production is, therefore, the result of collective will, and not the imposition of a central power. This aspect confers upon the law a high degree of legitimacy, provided that due legislative process and democratic principles are respected.

Another relevant point is that Legislative Law also contributes to legal certainty. The predictability of norms, the clarity of legal texts, and the stability of the rules of the political and legal game are essential so that citizens can organize their conduct and plan their lives. Legislative Law, by defining standards for legislative drafting and for the systematic interpretation of norms, provides greater coherence and harmony to the legal system.

Furthermore, it is through legislative law that profound social changes are brought about, which are considered "structural reforms," ​​such as those in social security, education, health, public safety, and the tax system.

Thus, legislative law becomes a privileged channel for advancing social agendas, promoting social justice, and guaranteeing the rights of minorities, especially in accordance with the provisions of articles 1, III, and 3, III, of the Federal Constitution. 

Finally, it is necessary to mention the role of Legislative Law in overseeing the other branches of government. The Legislative Branch, through its committees and parliamentary commissions of inquiry, exercises political and financial control over the Executive Branch, ensuring the legality, efficiency, and morality of public administration. This oversight function is also regulated by norms of Legislative Law, which guarantee the functioning of the checks and balances characteristic of a democratic state governed by the rule of law.

Social control of legislative power.

Legislative action, however, must be accompanied by mechanisms for participation and social control. The publicity of legislative acts, the broadcasting of parliamentary sessions, public hearings, popular consultations, and popular legislative initiatives are instruments that broaden citizen participation and strengthen democracy. Legislative law provides for and regulates these mechanisms, allowing civil society to act as a watchdog and co-author of the legislative process.

It is important to emphasize that the choice of representatives of the people demands accountability to voters after the election and certification. Parliamentarians are then monitored and prevented from transgressing the ideals and needs of their electoral base. 

CONCLUSION

In short, Legislative Law is one of the pillars of the Democratic Rule of Law , given that it is part of the structure of the law-making process, which guarantees the legitimacy of norms, ensures respect for constitutional principles, promotes legal certainty, enables citizen participation, and strengthens representative democracy.

In the absence of a legislative body, state action would become vulnerable to arbitrary decisions, compromising institutional stability, the protection of rights, and the effectiveness of the rule of law.

Finally, from a checks and balances perspective, the Legislative Branch becomes a middle ground between the existing tension between the Legislative and Judicial Branches, thus upholding the separation of powers of Locke and Montesquieu and preventing the absolutism experienced for years in world history.

BIBLIOGRAPHIC REFERENCES

CRISTAS, Assunção. Legistics or the Art of Making Laws Well. CEJ Magazine, Brasília, no. 33, pp. 78-82, April/June 2006.

FERRAZ JR., Tércio Sampaio, Introduction to the Study of Law, São Paulo, Editora Atlas, 1988.

KELSEN, Hans. General Theory of State Law. São Paulo: Martins Fontes, 1992. 

LOCKE, John. Second Treatise of Government and Other Writings. Petrópolis: Vozes, 1994.

MONTESQUIEU. Life and work. São Paulo: Nova Cultural, 1997. The thinkers.

NEVES, Marcelo, Symbolic Constitutionalization, São Paulo, Editora Acadêmica, 1994.

SCHMITT, Carl. Legality and legitimacy. Trans. José Díaz García. Madrid, Aguilar, 1971.

STRECK, Lenio Luiz. Legal Hermeneutics in Crisis: A Hermeneutical Exploration of the Construction of Law. 10th edition. Livraria do Advogado Publisher: Porto Alegre, RS. 2011.