Lei de Introdução - Aula 01 - Vacatio legis - Art. 1º Decreto-lei 4657/42

Summary

In this lesson, the instructor discusses the concept of 'vacatio legis,' as outlined in Decree Law 4657 of 1942, which provides a period of time for society, legal professionals, and judges to adjust to new laws. The lesson explains that the vacatio legis period begins when a law is officially published and ends when it comes into effect, typically lasting 45 days in Brazil. The instructor also explores variations in this period, including cases where the law specifies a different timeframe in days, months, or years. Additionally, the vacatio legis period for laws outside Brazil is longer, lasting 3 months, offering more time for adaptation.

Takeaways

• 😀 Vacatio Leges refers to the period between the official publication of a law and its entry into force.
• 😀 The concept of Vacatio Leges is defined in Decree-Law 4657 of 1942, which governs laws in Brazil.
• 😀 From 2010 onward, the Decree-Law was renamed to the 'Law of Introduction to the Norms of Brazilian Law'.
• 😀 Vacatio Leges provides a transition period for society and legal professionals to adapt to new laws.
• 😀 The Vacatio Leges period begins with the official publication of a law and ends when the law comes into effect.
• 😀 In Brazil, the standard Vacatio Leges period is 45 days, starting from the official publication date until the law is enforced.
• 😀 The official publication of a law varies depending on the type: municipal laws are published in the Municipal Official Gazette, state laws in the State Official Gazette, and federal laws in the Federal Official Gazette.
• 😀 Laws can specify a different Vacatio Leges period that is shorter or longer than 45 days.
• 😀 The Vacatio Leges period can be measured in days, months, or years, depending on what the law stipulates.
• 😀 In foreign countries, the Vacatio Leges period for Brazilian laws is generally 3 months, providing more time for Brazilian citizens living abroad to adapt to the law.
• 😀 If the Vacatio Leges period in Brazil is shorter than 3 months, only the 3-month period abroad is considered for adaptation. If the period is longer, the full Vacatio Leges period in Brazil applies.

Q & A

What is the main topic of the lecture discussed in the transcript?

The main topic of the lecture is 'Vacatio Legis,' which refers to the period given for people, society, and legal professionals to adapt to a new law after its official publication until its entry into force.

What was the original name of the law covered by Decree-Law 4657 of 1942 before 2010?

Before 2010, Decree-Law 4657 of 1942 was known as the 'Lei de Introdução ao Código Civil' (Introduction to the Civil Code Law). After 2010, it was renamed 'Lei de Introdução às Normas do Direito Brasileiro' (Law of Introduction to the Norms of Brazilian Law).

What does the term 'Vacatio Legis' mean?

'Vacatio Legis' refers to the period between the official publication of a new law and its entry into force. During this time, people and legal professionals are expected to adapt to the new legislation.

How long is the official 'Vacatio Legis' period in Brazil?

The official 'Vacatio Legis' period in Brazil is 45 days, starting from the official publication of a law and ending when it comes into force, unless specified otherwise in the law itself.

How is the 'Vacatio Legis' period calculated when the law states it is in days?

When the law specifies the 'Vacatio Legis' in days, we count the day of publication as the first day and calculate the following days accordingly. For example, if a law is published on March 5 and has a 'Vacatio Legis' of 5 days, it will come into force on March 10.

What happens when the 'Vacatio Legis' period is defined in months or years?

When the 'Vacatio Legis' is given in months or years, we count the months or years from the official publication date. For example, if a law is published on March 5 and has a 'Vacatio Legis' of 3 months, it will come into force on June 6 of the same year.

How does the 'Vacatio Legis' period apply to laws published in different official gazettes?

The 'Vacatio Legis' period depends on the type of law. Municipal laws are published in the Diário Oficial do Município, state laws in the Diário Oficial do Estado, and federal laws in the Diário Oficial da União.

What happens if a law provides a different 'Vacatio Legis' period than the default 45 days?

If a law specifies a different 'Vacatio Legis' period, such as a longer or shorter period than 45 days, that specified period takes precedence, as indicated by the phrase 'salvo disposição contrária' in the law.

What is the 'Vacatio Legis' period for Brazilian laws abroad?

The 'Vacatio Legis' period for Brazilian laws abroad is 3 months, which gives Brazilian citizens residing outside the country more time to adapt to the new law.

How is the 'Vacatio Legis' period calculated for laws applicable both in Brazil and abroad?

When a law has a 'Vacatio Legis' period in Brazil and also applies abroad, we do not combine the two periods. For example, if a law has a 10-day 'Vacatio Legis' in Brazil and applies abroad, the 10-day period is not counted; instead, only the 3-month period applicable abroad is considered.