Lei Complementar: você sabe o que é?
Summary
TLDRThis video from the 'Resumo Direito' channel offers an enlightening explanation of the distinctions between 'Lei Complementar' (Complementary Law) and 'Lei Ordinária' (Ordinary Law) in Brazilian law. It clarifies that Complementary Laws require an absolute majority in both legislative houses for approval, while Ordinary Laws need only a simple majority. The video further delves into the constitutional requirements for enacting these laws, emphasizing that the constitution specifies when a Complementary Law is necessary. This educational piece aims to demystify legal jargon for laypeople, enhancing their understanding of public administration and empowering them for social oversight. The channel invites viewers to explore more about their rights and duties for a better-informed society.
Takeaways
- 📈 The video aims to demystify legal terms such as 'complementary law' and 'ordinary law' for the layperson to enhance public understanding and social control over public affairs.
- 📚 A 'complementary law' requires an absolute majority in both houses for approval, defined as one more than half of the total number of members.
- 🗞️ 'Ordinary law' is approved by a simple or relative majority, which is more than half of the members present, provided that the absolute majority is present.
- 📗 The absolute majority is a fixed number and does not vary, representing a more stringent requirement for passing complementary laws.
- 📊 The simple majority varies depending on the number of members present during the vote, requiring at least the absolute majority to be present to proceed.
- 📝 When the constitution specifies the need for a 'complementary law,' it explicitly mentions it, indicating that some matters require this type of law for their regulation.
- 🖥️ Ordinary laws are referenced in the constitution as just 'law,' indicating a less stringent requirement for approval compared to complementary laws.
- 📓 The constitution distinguishes between the two types of laws by specifying when each is required, thus guiding the legislative process.
- 🖤 The video emphasizes the importance of understanding these legal distinctions to empower citizens in their engagement with public administration.
- 📛 Future videos promise to delve deeper into the peculiarities and more detailed aspects of complementary and ordinary laws.
Q & A
What is the main goal of the 'Resumo Direito' channel?
-The main goal of the 'Resumo Direito' channel is to provide laypeople with knowledge of legal terminology to facilitate their understanding of news and to enable social control over public matters.
What is a complementary law?
-A complementary law is approved by an absolute majority in both houses in a single round. It requires more than half of the total members' votes to be passed.
What distinguishes a complementary law from an ordinary law in terms of approval process?
-A complementary law requires an absolute majority for approval, which is more than half of the total members, whereas an ordinary law can be approved with a simple majority, which is more than half of the members present, provided that a quorum of an absolute majority is met.
What is an absolute majority?
-An absolute majority refers to the first number greater than half of the total members of a legislative house.
How is a simple majority defined?
-A simple (or relative) majority is defined as more than half of the members present during a vote, provided that at least an absolute majority of members is present.
Can legislative decisions be made without an absolute majority of members present?
-No, legislative decisions cannot be made unless an absolute majority of members is present, as it sets the quorum for deliberations.
How does the Constitution differentiate between laws that should be complementary and those that can be ordinary?
-The Constitution specifies when a complementary law is required by explicitly stating terms like 'in the form of complementary law' or 'complementary law shall establish.' When it refers to laws in general terms without specifying, it usually means an ordinary law is sufficient.
What happens to the requirement for a simple majority if the number of present members changes?
-The requirement for a simple majority varies depending on the number of members present during the vote. It always requires more than half of the members present, but this number changes as the total number of present members changes.
Are complementary and ordinary laws the only types of laws?
-While the script focuses on complementary and ordinary laws, it suggests there are other types of laws with more complexities that might be covered in future discussions.
How can viewers engage with the 'Resumo Direito' channel for further clarifications or suggestions?
-Viewers are encouraged to leave comments on the video or contact the channel through Instagram, Facebook, or other communication channels mentioned by 'Resumo Direito' for further clarifications or to suggest topics.
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