⚪ O QUE É LEI DELEGADA?

Pedro Barretto

17 Jun 202302:35

Summary

TLDRIn this episode of 'Did You Know,' the host discusses constitutional law and explains what a delegated law is. He notes that it is one of the three types of laws under the Brazilian constitutional legislative process, as per Article 59. Delegated laws, regulated by Article 68, allow the President to request authorization from Congress to create laws instead of submitting a bill that goes through both the Chamber of Deputies and the Senate. If Congress grants permission through a resolution, the President can make the law independently within specified limits. The host encourages viewers to share their thoughts and asks them to subscribe to learn more about such topics pertinent to the Brazilian bar exam and public service exams.

Takeaways

📚 The topic of the video is Brazilian Constitutional Law, focusing on the concept of 'lei delegada' (delegated law).
🏛️ 'Lei delegada' is one of the three types of laws in the Brazilian legislative process as per Article 59 of the Constitution.
📜 Article 68 of the Brazilian Constitution specifically governs 'leis delegadas'.
👤 The President of Brazil can request authorization from the National Congress to enact 'leis delegadas' instead of submitting a bill for approval.
💡 The process for 'lei delegada' allows the President to directly make a law, upon receiving delegation from Congress.
🔍 This process involves a formal request from the President to Congress, entrusting the power to create a complete and final law.
🔄 The advantage for the President is a streamlined legislative process: a single joint session and vote in Congress, as opposed to separate processes in the Chamber and Senate.
📅 'Lei delegada' speeds up lawmaking, avoiding the longer and more complex procedure of a bill passing through both houses of Congress.
📋 Upon approval, Congress formalizes a resolution delegating the President the power to make the law, with defined limits in the resolution and Article 68.
🔎 The video encourages viewer engagement with likes, comments, and channel subscription, suggesting a focus on educational content for law students and public exam candidates.

Q & A

What is a delegated law in the context of Brazilian Constitutional Law?
-A delegated law is a specific legislative process where the President of Brazil requests authorization from the National Congress to make laws, rather than submitting a bill to be reviewed by both the Chamber of Deputies and the Senate.
What are the three types of laws mentioned in the Brazilian Constitution's legislative process?
-The three types of laws are ordinary laws, complementary laws, and delegated laws.
Under which article of the Brazilian Constitution are delegated laws regulated?
-Delegated laws are regulated under Article 68 of the Brazilian Constitution.
What is the advantage of the President requesting a delegated law instead of submitting a bill to Congress?
-The advantage is that the request for a delegated law is considered in a single joint session of Congress, making the legislative process quicker and less complex than submitting a bill to be reviewed separately by the Chamber of Deputies and then the Senate.
How is a request for a delegated law processed by the National Congress?
-The President's formal request is considered in a single joint session of Congress. If approved, Congress formalizes the authorization through a resolution, which delegates to the President the power to make the law within specified limits.
What are the limitations on the President's power to make delegated laws?
-The President must obey the limits set forth in the authorizing resolution from Congress as well as the limitations specified in Article 68 of the Constitution.
What happens if Congress approves the President's request for a delegated law?
-Congress issues a resolution delegating the legislative power to the President, who then has the authority to enact the law within the established limits.
Can the National Congress refuse a request for a delegated law?
-Yes, the National Congress can choose not to grant the President's request for a delegated law.
What is the procedural difference between a delegated law and other types of laws in the Brazilian legislative process?
-The key difference is that a delegated law bypasses the standard legislative procedure of bill review by both houses of Congress, allowing the President to directly enact laws with Congress's authorization.
Why might the President prefer to request a delegated law rather than submit a traditional bill?
-Requesting a delegated law can expedite the legislative process, allowing the President to implement policies more quickly and with fewer procedural hurdles than the traditional bill submission and review process.

Outlines

00:00

📚 Understanding Delegated Legislation

This segment introduces the concept of delegated legislation within constitutional law, urging viewers to engage by liking and subscribing to the channel for more insights. Delegated legislation is identified as one of three legislative types mentioned in Article 59 of the Constitution, further detailed in Article 68. It allows the President to request authorization from the national congress to create laws directly, bypassing the standard legislative process that involves both the House and the Senate. This streamlined process entails a single joint session of Congress for approval, simplifying the procedure and potentially speeding up law creation. The segment emphasizes the procedural benefits and the requirement for the President to adhere to specific conditions set by Congress, along with constitutional constraints.

Mindmap

Keywords

💡Constitutional Law

Constitutional law refers to the body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the legislature, and the judiciary. In the video, it is the central theme as the discussion revolves around a specific aspect of it: delegated legislation. This area of law is fundamental in understanding how laws are created and the limits of each governmental branch's powers, exemplified by the discussion on Article 59 and 68 of the Constitution.

💡Delegated Law

A delegated law, as explained in the video, is a type of legislation that allows the President to request authorization from the National Congress to enact laws directly, bypassing the usual legislative process. This is distinct from ordinary laws and complementary laws, making it a unique legislative instrument that offers a quicker path for law enactment, as highlighted by the reference to Article 68 of the Constitution.

💡Legislative Process

The legislative process is the series of steps required for laws to be proposed, debated, modified, and finally enacted or rejected. The video contrasts the traditional legislative process, which involves both houses of Congress and can be lengthy, with the expedited process used for delegated laws, emphasizing the efficiency of the latter.

💡Article 59

Article 59 of the Constitution is mentioned as the legal foundation that lists the sources of the legislative process, including ordinary laws, complementary laws, and delegated laws. This article sets the framework for how laws are to be created and the different categories of laws that exist within the constitutional structure of the country.

💡Article 68

Article 68 specifically governs the process of delegated legislation, detailing how the President can request and obtain authorization from Congress to enact laws directly. This article is crucial for understanding the procedural and legal framework that allows for the existence and utilization of delegated laws, as discussed in the video.

💡National Congress

The National Congress is the legislative body of the country, consisting of two houses: the Senate and the Chamber of Deputies. It plays a pivotal role in the creation of laws, including the unique process of delegated legislation where it can grant or deny the President the authority to enact laws directly, as emphasized in the video.

💡Formal Request

A formal request by the President to Congress, as mentioned in the video, initiates the process of delegated legislation. This request is a formal plea for the authority to directly enact a law without going through the standard legislative process, highlighting the President's direct involvement in law-making under specific conditions.

💡Joint Session

A joint session refers to a combined meeting of both houses of Congress to consider specific matters, such as the President's request for delegated law-making authority. The video explains that this process simplifies the approval of such requests, as it involves a single vote in a joint session, contrasting with the separate deliberations required for ordinary legislation.

💡Resolution

In the context of delegated laws, a resolution is the formal decision by Congress to grant the President the authority to enact a law directly. The video details how, upon accepting the President's request, Congress issues a resolution that outlines the scope and limits of this authority, ensuring legal clarity and control over the delegated power.

💡Legislative Efficiency

Legislative efficiency is an underlying theme of the video, highlighted by the discussion on the advantages of delegated laws in speeding up the law-making process. By allowing the President to enact laws directly with Congress's authorization, delegated laws bypass the more complex and time-consuming traditional legislative route, showcasing a method to address urgent legislative needs effectively.

Highlights

Introduction to constitutional law and delegated legislation.

Question about audience familiarity with delegated laws.

Encouragement for audience engagement.

Relevance of the topic for OAB exams and public contests.

Explanation of delegated laws in the Brazilian constitutional framework.

Reference to Article 59 of the Constitution.

Detailed description of delegated laws as per Article 68.

Process for presidential request for legislative authorization.

Contrast with traditional legislative process.

Procedure for presidential formal request to Congress.

Advantages of delegated law process for expediency.

Congressional session and voting unique to delegated law.

Resolution process by Congress to delegate power.

President's obligation to adhere to resolution limits.

Invitation for audience comments and engagement.