Veto / Leis Delegadas (arts. 66 a 69) Leitura da CF atualizada e comentada

Summary

This video provides an in-depth explanation of key articles from the Brazilian Federal Constitution, focusing on the Presidential veto process, legislative functions, and normative powers. It covers how the President can veto bills for constitutional or public interest reasons, the limits of the veto, and the process for Congress to overturn or affirm the veto. Additionally, it explores the distinction between legislative and normative powers, detailing how the executive and judiciary issue regulations without creating laws. The video also highlights specific legal cases and judicial interpretations, offering valuable insights for constitutional studies.

Takeaways

• 😀 The President of the Republic can veto a bill if it is deemed unconstitutional or contrary to the public interest.
• 😀 A veto can be legal (for unconstitutionality) or political (for being contrary to public interest), and only legal vetoes are subject to judicial review by the Supreme Federal Court (STF).
• 😀 Once a veto is made, it must be communicated to the President of the Senate within 48 hours, and it cannot be altered by the President after that.
• 😀 The President of the Republic cannot change their veto decision once it has been made, even within the 15-day period for review.
• 😀 The President can only veto entire articles, paragraphs, sections, or subsections of a bill; partial vetoes within these are not allowed.
• 😀 If the President does not act within 15 days, the bill is automatically sanctioned.
• 😀 The vetoed bill must be reviewed by a joint session of the National Congress (both House and Senate), where it can be rejected with an absolute majority vote.
• 😀 If the veto is overturned by Congress, the bill returns to the President for sanctioning, and if the President refuses to sanction it, the Senate must do so.
• 😀 A rejected bill can only be reintroduced in the same legislative session with the majority vote of Congress members.
• 😀 Delegated legislation, such as laws created by the President with Congress's approval, must follow specific processes and cannot override matters exclusive to Congress or constitutional amendments.

Q & A

What is the main rule for the President of Brazil regarding a veto of a bill?

The main rule is that the President of Brazil can veto a bill either entirely or partially if they believe it is unconstitutional or against public interest. The veto must be communicated within 15 business days after receiving the bill.

What is the difference between a 'juridical veto' and a 'political veto'?

A juridical veto is when the President considers a bill unconstitutional, and this veto can be reviewed by the judiciary, specifically the Supreme Federal Court (STF). A political veto is when the President considers the bill to be against public interest, and this type of veto cannot be reviewed by the judiciary.

Can the President of Brazil reverse a veto after initially sanctioning part of a bill?

No, according to the STF ruling in case ADPF 714-716, the President cannot reverse a veto after having sanctioned part of a bill. Once the veto decision is made, it is final within the 15-day period, and further changes or additions to the veto are not allowed.

What happens if the President does not act on a bill within 15 days?

If the President does not act within 15 days, the bill is automatically considered sanctioned, and it becomes law. This is in line with the principle of 'silence implies consent'.

How is a veto processed after being issued by the President?

Once the President issues a veto, the Senate President is notified, and a joint session of both the House of Representatives and the Senate must be held within 30 days to review the veto. The veto can be overturned by a majority vote of both houses.

What happens if the veto is overturned by Congress?

If Congress overturns the veto, the bill is sent back to the President for promulgation. If the President does not promulgate it within 48 hours, the President of the Senate must do so. If the President of the Senate does not act, the Vice-President of the Senate is responsible for promulgating the law.

What is the difference between a bill that is rejected and a provisional measure in terms of reintroduction?

A rejected bill can be reintroduced in the same legislative session if it is proposed by the majority of either the House or Senate. However, a provisional measure cannot be reintroduced in the same legislative session once it has been rejected or its validity has expired.

What is the role of the President of Brazil in issuing delegated laws?

The President of Brazil can issue delegated laws, but only after receiving authorization from Congress. The authorization takes the form of a resolution from Congress, and the President can issue the law as long as it falls within the specified content and limits outlined by Congress.

What is the distinction between legislative functions and normative functions according to the STF?

According to the STF, legislative functions involve the creation of laws, which is the exclusive role of the Legislative branch. Normative functions, on the other hand, are performed by the Executive and Judicial branches when issuing regulatory and internal rules, such as regulations and regimental rules, which are not considered legislative acts.

What is the significance of the resolution in the process of delegating the authority to issue delegated laws?

The resolution is crucial because it is the specific form in which Congress authorizes the President to issue delegated laws. Unlike regular legislative decrees, this delegation is granted through a resolution, which is an exception to the typical use of legislative decrees.