[EV.G] Introdução ao Processo Legislativo Municipal - Espécies Normativas

Summary

This video, presented by Rafael, delves into the various types of normative acts that municipalities can create based on Article 59 of the Federal Constitution. It covers key legislative instruments like amendments to the Organic Law, complementary laws, ordinary laws, delegated laws, provisional measures, decrees, and resolutions. The script explains the initiation process, requirements for approval, and the specific roles of different entities (e.g., mayors, city councils, citizens) in these processes. Emphasis is placed on the importance of these legislative actions for local governance and their procedural nuances, ensuring a clear understanding of municipal lawmaking.

Takeaways

• 😀 Amendments to the Organic Law allow for the inclusion, modification, or revocation of existing provisions in the law, and can be proposed by the mayor, a third of the city council, or through a popular initiative.
• 😀 A proposal for an amendment to the Organic Law requires a two-round voting process in the city council, with a minimum 10-day interval between rounds and a 2/3 majority for approval.
• 😀 Complementary laws are intended to complement the provisions of the Organic Law, typically addressing important matters, and require an absolute majority for approval.
• 😀 Ordinary laws cover general matters not requiring a complementary law and are the most common form of municipal legislation, with a simple majority needed for approval.
• 😀 Delegated laws transfer the power to legislate from the city council to the mayor for certain topics, allowing for faster legislative processes, though they are rarely used.
• 😀 Provisional measures are an urgent legislative tool issued by the mayor that take effect immediately, with the city council having 120 days to approve or reject them.
• 😀 If a provisional measure is not approved by the city council within 120 days, it becomes void, but if it is approved, it becomes law, sometimes with amendments.
• 😀 Legislative decrees and resolutions are exclusively proposed by the city council, with legislative decrees typically having external effects, while resolutions have internal effects within the council.
• 😀 Resolutions are commonly used in municipal functions, like approving the mayor's budget, whereas legislative decrees are often used for specific cases such as the formal removal of the mayor.
• 😀 It is important not to confuse a legislative decree with a decree law, as decree laws are an outdated concept and are no longer used, though some still exist from earlier constitutions.

Q & A

What is the purpose of the Organic Law amendments in municipalities?

Organic Law amendments serve to alter, include, modify, or revoke existing provisions in the Organic Law of the municipality, such as articles, sections, or clauses.

Who can initiate an amendment to the Organic Law in a municipality?

The mayor, one-third of the city councilors, or the public via popular initiative can initiate an amendment to the Organic Law.

What is the minimum time interval required between the two rounds of voting for an Organic Law amendment?

The minimum interval between the two rounds of voting for an Organic Law amendment is 10 days, allowing the city council adequate time for discussion.

What is the quorum required to approve an Organic Law amendment?

The quorum required to approve an Organic Law amendment is two-thirds of the city councilors.

What are complementary laws in municipalities and what is their function?

Complementary laws are created to complement mandates outlined in the Organic Law. They typically address matters of significant importance and require an absolute majority for approval.

How are ordinary laws different from complementary laws in municipalities?

Ordinary laws deal with general matters and have a simpler approval process, requiring a simple majority in the city council, while complementary laws address more significant matters and need an absolute majority for approval.

What is the process for passing a delegated law in a municipality?

The mayor requests the city council to delegate legislative authority on a matter. The city council passes a resolution setting limits on the mayor’s authority, after which the mayor promulgates and publishes the law.

How do provisional measures differ from delegated laws?

Provisional measures are an exceptional legislative tool used only in cases of urgency and relevance. They take immediate effect and the city council must approve them within 120 days, while delegated laws involve the transfer of legislative power to the mayor for faster legislative action.

What is the role of decrees and resolutions in municipal legislation?

Decrees and resolutions are legislative acts that do not require executive approval. Decrees usually have external effects, while resolutions generally have internal effects within the city council. Both are exclusive to the city council's initiative.

What is the difference between a legislative decree and a decree law?

A legislative decree is a valid form of legislation in modern times, often used in specific cases like the mayor's impeachment process. In contrast, a decree law is an outdated form of legislation that no longer exists in current constitutional law, though some still apply from past constitutions.