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Marbury vs. Mouviel

MOUVIEL

Read the full ruling here: MOUVIEL Raul

Mouviel and others were sentenced to thirty days in jail for violation of the police edicts about "disorder and scandal." The sentence was imposed by the police chief of the Federal Capital under the provisions of Article 7 inc. a) of the Statute of the Federal Police. This rule authorized the police chief to issue edicts, within its powers under it Code on Criminal Procedure and to suppress acts not provided for by law, in terms of security police.
This police action was appealed to the judge in the criminal corrections, who confirmed the measure. Against this decision, the defendants deducted resource extraordinary grounds that the existing fault system focused on police chief's head of legislative powers, executive and judiciary, which violates the principle of separation of powers.

Judges of the Supreme Court decided unanimously to place a special appeal, and overturn the conviction, noting that:
The Article 18 of the Constitution provides that no inhabitant of the Nation may be punished without trial founded in law preceding the process, in this sense, Article 19 states that nobody is forced to do what the law does not demand nor deprived of what it does not prohibit. Taking into account these two constitutional provisions can say that the principle is that only the legislative branch is responsible for establishing, through laws, budgets necessary for configuring a fault and the corresponding sanctions. The Article 86
inc. 2 of the CN indicates how the allocation of executive power to issue instructions and regulations necessary for the execution of the laws of the nation, without altering its spirit with statutory exceptions. This constitutional provision was invoked by the Supreme Court in previous cases in support of the faculty of administrative power to set certain standards of police. However it should ignore the fact that regulation is to make explicit a rule that already exists and that the legislature has given substance and contours. The Article 7
inc. a) of the Statute of the Federal Police to the administrative body empowered to issue and enforce edicts and punish acts not covered by national laws on security police, the generic allocation of creating faults exceeds the regulatory power of the executive branch and import delegation by the Legislature of powers that are unique and appropriate. In this way the administrative power vested in the legislative functions clearly violates the constitutional principle of separation of powers.

failure is established in the Executive Branch will regulate the details and circumstances of the actions suppressed, but this regulatory power presupposes the existence of a previous law sufficiently precise and defined by the legislature. Only thus respecting the principle of separation of powers that the Constitution mandates and giving effect to the guarantee of prior law established by the harmonious interpretation of the Arts. 18 and 19 of the CN

Marbury v.