Lei de Introdução - Aula 03 - Revogação da Lei - Art. 2º Decreto-lei 4657/42

Summary

In this lesson, the focus is on the concept of revocation as outlined in Article 2 of Decree-Law 4657/42, the Brazilian Law of Introduction to the Norms of Brazilian Law. The lesson distinguishes between permanent and temporary laws, explaining that permanent laws remain in force until modified or revoked by another law. Temporary laws, however, expire due to specific conditions like reaching a set term or fulfilling their purpose. The teacher explains key terms like 'vigência' (validity), 'revogação' (revocation), and 'derrogação' (partial revocation) to clarify these legal concepts, emphasizing the importance of parallelism in law-making.

Takeaways

• 😀 Permanent laws remain in effect until another law modifies or revokes them.
• 😀 Temporary laws have a set time frame, ending either by a fixed date, achieving their goal, or when a specific event happens.
• 😀 The term 'vigência' refers to the validity period of a law, from its enactment until its revocation.
• 😀 Revocation means removing the obligation of a law, rendering it no longer enforceable.
• 😀 Permanent laws are typically revoked or modified by laws of the same level (e.g., constitutional laws by constitutional amendments).
• 😀 'Vacatio legis' is the period between the publication of a law and its entry into force, allowing society to adapt.
• 😀 Temporary laws can be ended by reaching their designated term, fulfilling their purpose, or through an event fulfilling a condition.
• 😀 Derogation occurs when a law is partially altered by another law, affecting specific articles or sections.
• 😀 Abrogation refers to the total revocation of a law, making it completely invalid.
• 😀 The principle of 'paralelismo das formas' dictates that laws must be modified or revoked by another law of the same type (e.g., constitutional laws by constitutional amendments).
• 😀 Understanding the distinction between permanent and temporary laws is crucial for interpreting the legislative process and law application.

Q & A

What does the term 'vigência' refer to in the context of Brazilian law?

In Brazilian law, 'vigência' refers to the period during which a law is in effect and can be enforced. It starts when the law comes into force and lasts until the law is revoked or replaced.

What is the difference between 'revogação' and 'derrogação' in legal terms?

'Revogação' refers to the complete removal of a law's force, meaning the law is no longer valid. In contrast, 'derrogação' refers to the partial revocation of a law, where only specific parts of the law are modified or removed, while the rest remains in effect.

How does 'vacatio legis' relate to the concept of 'vigência'?

'Vacatio legis' is the time period between the publication of a law and its entry into force, allowing society to adjust to the new legislation. After this period, the law enters its 'vigência' phase, where it is fully enforceable.

What are the three conditions under which temporary laws may end?

Temporary laws can end in three ways: 1) The law reaches its predetermined expiration date. 2) The law accomplishes its purpose (e.g., building infrastructure). 3) The condition specified in the law, such as an uncertain future event, is fulfilled (e.g., disaster relief funds provided for a specific situation).

What is the key distinction between permanent and temporary laws in Brazil?

Permanent laws are designed to remain in effect indefinitely until another law modifies or revokes them, while temporary laws have a set time frame or purpose, after which they either expire or are revoked.

How does the principle of 'paralelismo das formas' affect law modification or revocation?

The principle of 'paralelismo das formas' dictates that any modification or revocation of a law must be done by another law of the same level. For example, constitutional amendments can only be made through constitutional amendments, and ordinary laws can only be modified by other ordinary laws.

What does the article in the script say about the relationship between permanent laws and their modification or revocation?

The article states that permanent laws will remain in effect until they are modified or revoked by another law. This means that such laws have a long-term validity unless a new law intervenes.

What are some examples of temporary laws mentioned in the script?

Examples of temporary laws include laws that were enacted specifically for events like the World Cup, such as allowing the sale of alcoholic beverages in stadiums during the event, or the annual budget laws for municipalities, states, and the federal government.

How do temporary laws differ from permanent laws in terms of duration?

Temporary laws have a set duration, either determined by a specific end date, the achievement of certain goals, or the occurrence of an uncertain event. Permanent laws, however, continue indefinitely until they are specifically altered or revoked by another law.

What is the purpose of 'revogação' in the legal system?

'Revogação' serves to eliminate the legal force of a law, making it no longer applicable or mandatory. It is an important tool in adapting the legal system to changing circumstances and needs.