LEGISLAÇÃO - Constituição, Emenda, Leis, Medida Provisória, Decreto, Resolução - TIPOS DE NORMAS

Summary

In this educational video, the presenter explains the different types of legislation within Brazil's legal system, including the Constitution, constitutional amendments, international treaties, and various laws such as ordinary, complementary, and delegated laws. She also covers provisional measures, legislative decrees, resolutions, and different types of executive orders, highlighting their roles, approval processes, and how they fit within the hierarchy of the legal system. Emphasizing the importance of understanding these laws for students and citizens, she encourages viewers to engage with legal education to foster a more informed society.

Takeaways

• 😀 The Brazilian legal system is composed of various types of legislative acts, each with a distinct role and importance.
• 😀 The Constitution is the highest legal authority in Brazil, and all other laws must comply with its principles.
• 😀 Amendments to the Constitution require approval by three-fifths of both chambers of Congress, and cannot alter certain core principles known as 'cláusulas pétreas.'
• 😀 International treaties related to human rights have constitutional status in Brazil if approved by the same majority as constitutional amendments.
• 😀 Ordinary laws are the most common form of legislation, used for general matters not requiring special regulation by complementary laws or decrees.
• 😀 Complementary laws require a more rigid approval process than ordinary laws and often deal with specific areas like taxation.
• 😀 Provisional measures allow the President of Brazil to enact laws in cases of urgency, but they must be approved by Congress within 60 days or they lose validity.
• 😀 Delegated laws are created by the President with the authorization of Congress, typically on matters that don't require immediate action.
• 😀 Legislative decrees are enacted by Congress to regulate specific matters within its competence, without needing the President's approval.
• 😀 Resolutions are normative acts that usually apply within the legislative process or the Congress itself, but they can have external effects in some cases.
• 😀 Decrees, issued by the executive branch, serve to regulate laws, providing specific details for their implementation, but cannot create new rights or obligations.

Q & A

What are the different types of legislation in the Brazilian legal system?

The types of legislation in the Brazilian legal system include the Constitution, Constitutional Amendments, Complementary Laws, Ordinary Laws, Delegated Laws, Provisional Measures, Legislative Decrees, Resolutions, International Treaties, and regulations issued by the executive.

What is the role of the Constitution in Brazil's legal system?

The Constitution holds the highest position in Brazil's legal hierarchy. It contains fundamental principles and values that guide all other laws in the country. Any law that contradicts the Constitution is considered unconstitutional and invalid.

How are Constitutional Amendments made in Brazil?

Constitutional Amendments must be approved by a three-fifths majority in both houses of Congress (the Chamber of Deputies and the Senate) in two rounds of voting. Some clauses, known as 'cláusulas pétreas' (immutable clauses), cannot be amended, such as those related to the Federation, direct and secret voting, the separation of powers, and individual rights.

What are International Treaties in Brazil's legal system?

International Treaties are agreements between two or more international legal entities, such as countries or international organizations. Treaties related to human rights, approved by Congress with the same procedure as Constitutional Amendments, acquire constitutional status in Brazil. Other treaties are incorporated into Brazilian law as ordinary laws.

What distinguishes Complementary Laws from Ordinary Laws in Brazil?

Complementary Laws deal with more complex matters that require a higher quorum for approval, such as tax matters. Ordinary Laws, on the other hand, deal with general issues and can be approved with a simpler majority. Complementary Laws require a majority of absolute votes, while Ordinary Laws need only a simple or relative majority.

What are Provisional Measures, and how do they work?

Provisional Measures are issued by the President of Brazil in cases of urgency and relevance, and they carry the force of law. However, they must be submitted to Congress within 60 days, which can be extended once. If Congress does not approve the Provisional Measure, it becomes ineffective.

What is the purpose of Delegated Laws in Brazil?

Delegated Laws are created by the President with prior approval from Congress. The President requests permission from Congress to enact a law, and once approved, the President drafts the law, which is then sent back to Congress for evaluation. If Congress approves it, the law enters into effect as an ordinary law.

What is the difference between Legislative Decrees and other types of decrees?

Legislative Decrees are laws passed by Congress that do not require the President’s sanction. They address specific matters under the exclusive competence of Congress, such as ratifying international agreements or authorizing the President and Vice President to leave the country for extended periods.

What are Resolutions in the Brazilian legal system?

Resolutions are norms that regulate specific matters, often related to the internal functioning of the legislative bodies like Congress. While some resolutions have external effects, most are used to address internal administrative issues.

What is the role of Decrees in Brazil, and how do they differ from other forms of legislation?

Decrees are regulations issued by the executive branch to detail the execution of laws. Unlike Legislative Decrees, they cannot create new rights or obligations, only specifying the implementation details of existing laws. There are also Autonomic Decrees, which regulate the organization and functioning of federal administration without affecting public spending or the creation of new governmental bodies.