Aula 58 - Direito Constitucional - Medida Provisória

Summary

In this lesson, Professor Amanda Almozara explains the concept and procedure of the **Medida Provisória (MP)** in Brazilian Constitutional Law. The MP is an urgent and temporary legislative tool used by the President to address matters requiring immediate action, bypassing the traditional legislative process. The video covers the key features of an MP, including its immediate effect upon publication, its 60-day validity period (with a possible extension), and the limitations on its scope. It also outlines the constitutional procedures for the MP’s approval by Congress, highlighting the significant role of the Executive in urgent decision-making and the checks in place to prevent abuse of power.

Takeaways

• 😀 A Provisional Measure (Medida Provisória - MP) is a legal instrument in Brazil, allowing the Executive branch to act swiftly in urgent and relevant situations, bypassing the usual legislative process.
• 😀 Unlike regular laws, Provisional Measures produce effects immediately after publication by the President of the Republic, without needing prior approval from the legislature.
• 😀 The Provisional Measure was introduced to replace the Decree Law, which was abolished by the 1988 Constitution, but shares similarities with it, especially in its fast-track nature.
• 😀 The Executive branch can issue Provisional Measures when there is no law authorizing an action, allowing the government to act in urgent matters while waiting for legislative approval.
• 😀 The key requirements for issuing a Provisional Measure are urgency and relevance, as outlined in Article 62 of the Brazilian Constitution.
• 😀 Certain subjects are prohibited from being addressed by Provisional Measures, including national security, political rights, electoral laws, and certain judicial or financial matters.
• 😀 The President of the Republic must submit the Provisional Measure to the National Congress, which has 60 days to approve or reject it. This period is extendable by another 60 days.
• 😀 If the Provisional Measure is not approved within 45 days of its publication, it enters a state of urgency, effectively blocking the legislative agenda until it is addressed.
• 😀 The Provisional Measure can be approved or rejected by both the Chamber of Deputies and the Senate. If approved by both, it becomes law. If rejected, it is void, and a legislative decree regulates its consequences.
• 😀 Provisional Measures can only remain in effect for a maximum of 120 days. After this period, they lose their effectiveness unless converted into law.
• 😀 The use of Provisional Measures is a controversial issue, as it involves bypassing the regular legislative process, raising concerns about the balance of power between the Executive and Legislative branches.

Q & A

What is a 'Medida Provisória' (MP) in Brazilian Constitutional Law?

A 'Medida Provisória' (MP) is a legal instrument issued by the President of Brazil in cases of relevance and urgency. It has immediate effects but must be ratified by the National Congress within a set time to become permanent law.

How does a 'Medida Provisória' differ from other legislative acts in Brazil?

Unlike regular laws, which go through a long legislative process involving both the executive and legislative branches, a 'Medida Provisória' is issued solely by the executive and starts producing effects immediately, without waiting for congressional approval.

What constitutional article governs the use of Medidas Provisórias?

Medidas Provisórias are governed by Article 62 of the Brazilian Constitution.

Why was the 'Decreto Lei' replaced by the 'Medida Provisória'?

The 'Decreto Lei' was abolished with the 1988 Constitution, as it allowed the executive branch to issue laws without congressional involvement. The 'Medida Provisória' replaced it, though it still gives the executive the power to issue urgent laws that must be reviewed by Congress.

What are the primary conditions for issuing a 'Medida Provisória'?

A 'Medida Provisória' can only be issued by the President of the Republic in cases of relevance and urgency. These conditions are essential to justify bypassing the normal legislative process.

What happens if a 'Medida Provisória' is not approved by Congress within the specified period?

If a 'Medida Provisória' is not approved by Congress within 60 days (with a possible 60-day extension), it loses its effectiveness. The relations established during its period of validity are regulated by a decree issued by Congress.

Can a 'Medida Provisória' address any subject matter?

No, there are specific topics that are prohibited from being addressed by a 'Medida Provisória'. These include matters related to nationality, citizenship, political rights, electoral law, criminal law, the judiciary system, and the budgetary process.

What is the procedure for the approval of a 'Medida Provisória' in Congress?

Once published, the 'Medida Provisória' is sent to the Chamber of Deputies, where it is debated and voted on. If approved, it moves to the Senate. If both houses approve it, the MP becomes law. If rejected, it ceases to have legal effects.

What is the consequence of a 'Medida Provisória' not being debated within 45 days?

If a 'Medida Provisória' is not debated within 45 days of its publication, it enters a state of urgency and 'locks' the legislative agenda in Congress, meaning no other bills can be discussed until it is addressed.

What happens if Congress does not approve a 'Medida Provisória' in the allowed time frame?

If Congress does not approve the 'Medida Provisória' within 60 days (plus a possible 60-day extension), the MP is considered invalid, and its effects are extinguished. Any legal relations established during its period of validity are addressed by a decree from Congress.