Iniciativa das Leis (art. 61): CF comentada atualizada

Summary

In this video, the host Reili dives into the intricacies of legislative initiatives outlined in Article 61 of the Brazilian Constitution. He explains who can propose laws, from members of the Chamber of Deputies to citizens, and discusses the various types of initiatives, including general, concurrent, and exclusive. The focus is on initiatives such as the president's exclusive rights to propose laws regarding public service, military, and more. Reili also highlights the process of popular initiatives and gives historical examples of laws that began as popular initiatives. The session concludes with a preview of the next topic on provisional measures.

Takeaways

• 😀 The initiative for complementary and ordinary laws can come from various entities, including members or commissions of the Chamber of Deputies, the Senate, the President of the Republic, the Supreme Federal Court, superior courts, the Attorney General, and citizens.
• 😀 Citizens can propose laws through the popular initiative, which requires at least 1% of the national electorate's signatures, spread across five states, with no less than 31% of the electorate from each state.
• 😀 The general initiative of laws involves multiple authorities and bodies, while there are also concurrent, private, popular, and joint initiatives, each with specific rules and requirements.
• 😀 The private initiative of laws is reserved for certain authorities, like the President of the Republic, and can involve matters like the organization of the military, creation of public service jobs, and the legal regime of civil servants.
• 😀 The President of the Republic has exclusive authority over specific areas, including regulating the organization of ministries, public services, and making changes to the legal status of military personnel.
• 😀 The Supreme Federal Court and the Courts of Accounts also have a private initiative for certain legal matters, like the organization and regulation of the judiciary.
• 😀 The popular initiative must be introduced in the Chamber of Deputies and can be supported by a minimum of 1% of voters, with signatures distributed across at least five states, each having at least 31% of its electorate's support.
• 😀 The initiative of laws that involve the creation of public sector positions or increasing the remuneration of public servants must be proposed by the President of the Republic.
• 😀 Legislative procedures involve a two-house system where one house initiates a bill (usually the Chamber of Deputies), and the other house (the Senate) acts as a reviser before it goes to the President.
• 😀 Previous laws such as the Ficha Limpa law and others have been proposed through popular initiatives, where citizens gathered signatures to trigger legislative action.

Q & A

Who can propose complementary and ordinary laws according to Article 61 of the Brazilian Constitution?

Any member or committee of the Chamber of Deputies, the Senate, or the National Congress, the President of the Republic, the Supreme Federal Court, higher courts, the Attorney General, and citizens can propose complementary and ordinary laws.

What are the different types of legislative initiatives outlined in the Constitution?

The Constitution outlines five types of legislative initiatives: General initiative, Concurrent initiative, Privative initiative, Popular initiative, and Joint initiative.

What is the process for a citizen to propose a law in Brazil through the Popular Initiative?

To propose a law through the Popular Initiative, citizens must present a project to the Chamber of Deputies, with at least 1% of the national electorate's signatures, distributed across at least five states, with no less than 31% of the electors in each state supporting it.

What does the Privative Initiative entail for the President of the Republic?

The President of the Republic has a privative initiative for laws concerning military regulation, creation of public offices, public servants' remuneration, and various administrative matters like territorial organization and the ministry's organization.

How does the process of law initiation differ between the Chamber of Deputies and the Senate?

In general, the Chamber of Deputies is the initiating house for most legislative proposals, while the Senate typically acts as the reviewing house. However, some specific projects can initiate in the Senate.

What is the significance of Article 84, item 6, in the context of the President's powers?

Article 84, item 6, allows the President of the Republic to issue autonomous decrees, which regulate the Constitution directly, including matters such as creating or extinguishing ministries and public administration bodies.

What does the term 'iniciativa concorrente' mean, and how does it differ from the 'iniciativa privativa'?

'Iniciativa concorrente' refers to a situation where more than one entity (e.g., the President and the Attorney General) can initiate a law, while 'iniciativa privativa' refers to laws that can only be proposed by a specific authority, such as the President for certain administrative matters.

Can you give examples of laws that originated from a Popular Initiative?

Examples of laws originating from a Popular Initiative include the Ficha Limpa law (Lei Complementar 135/2010), which started as a public initiative to clean up Brazilian politics.

What does the term 'iniciativa conjunta' mean, and why is it no longer in practice?

'Iniciativa conjunta' refers to a legislative initiative where two authorities or organizations must jointly propose a law. This type of initiative is no longer practiced, although it is still discussed in legal doctrine.

Why is it important to understand the specific roles of the President, Governors, and Mayors regarding the initiative of laws?

It is important because certain legislative matters, such as public servant regulations or the creation of public offices, require a specific initiative by the President at the federal level, or by governors and mayors at the state and municipal levels, respectively.