Quórum de aprovação. Maioria qualificada, absoluta e simples/relativa. #direitoconstitucional

Summary

The transcript explains the different types of majorities required for passing laws in a legislative setting. It compares 'maioria simples' (simple majority), which requires just more than half of those present, with 'maioria absoluta' (absolute majority), which needs more than half of the total members, and 'maioria qualificada' (qualified majority), typically requiring a higher threshold such as two-thirds or three-fifths. It provides an example of the Senate, highlighting how many votes are necessary to approve a law depending on the majority type. The video aims to clarify these distinctions for viewers.

Takeaways

• 😀 A **simple majority** requires more than half of the members present to approve a law.
• 😀 A **qualified majority** requires a larger portion, usually two-thirds or three-fifths of the members, for approval.
• 😀 A **absolute majority** is based on more than half of all members, regardless of how many are present.
• 😀 In the Brazilian Senate, a **simple majority** requires just more than half of those present, but an **absolute majority** needs at least 41 votes out of 81 members if all are present.
• 😀 A **qualified majority** is used for more significant matters and requires a higher percentage of approval.
• 😀 The **absolute majority** example shows that if all 81 senators are present, at least 41 votes are needed for a law to pass.
• 😀 The **simple majority** example shows that if only 60 members are present, at least 31 votes are needed for the law to pass.
• 😀 **Qualified majority** is necessary for issues requiring broader consensus, often involving constitutional or major reforms.
• 😀 **Majority simples** focuses on the number of members present rather than the total membership of the legislative body.
• 😀 **Majority absoluta** always involves the total membership of the legislative body, requiring more than half of all members to approve a law, not just those present.

Q & A

What is required for the approval of an ordinary law in Brazil?

An ordinary law requires a simple majority for approval.

What is required for the approval of a complementary law in Brazil?

A complementary law requires an absolute majority for approval.

What is the definition of a 'simple majority' in the legislative process?

A simple majority, or relative majority, occurs when more than half of the votes cast are in favor of the proposal.

What is an 'absolute majority' in the context of Brazilian legislation?

An absolute majority is the smallest number greater than half of the total members in a legislative body, regardless of how many actually vote.

What is the difference between a 'simple majority' and an 'absolute majority'?

A simple majority depends on the number of votes cast, whereas an absolute majority is determined by the total number of members, regardless of attendance or votes cast.

How does the 'qualified majority' differ from the other types of majorities?

A qualified majority requires more than just a simple or absolute majority. It typically needs two-thirds or three-fifths of the members to vote in favor for the proposal to pass.

In the Brazilian Senate, how many votes are needed for an 'absolute majority'?

In the Brazilian Senate, an absolute majority requires at least 41 votes out of 81 members.

What happens if only a partial number of legislators are present for a vote?

If only a portion of the members are present, the calculation of the simple majority is based on the number of present members, not the total number of members in the legislative body.

If only 60 legislators are present for a vote, how many votes are needed for approval under a simple majority?

For a simple majority with 60 present members, at least 31 votes are needed, as 31 is the first number greater than half of 60.

Why is it important to understand the different types of majorities in the legislative process?

Understanding the different types of majorities is crucial as they determine the level of support required for a proposal to pass, influencing the outcome of legislative decisions.