Lei de Introdução - Aula 04 - Revogação Expressa e Tácita - Art. 2º Decreto Lei 4657/42

Summary

This lesson focuses on the concepts of express and tacit revocation of laws, as outlined in Article 2 of Decreto-Lei 4657. Express revocation occurs when a new law explicitly declares the revocation of an old one, like in the case of the Civil Code of 1916. Tacit revocation happens when a new law is incompatible with or fully regulates the subject matter of an older law, even without explicit mention. The lesson also highlights that when two laws treat the same subject but don't conflict, they can coexist. Understanding these concepts is key to interpreting the evolution of laws and their application in practice.

Takeaways

• 😀 Revocation of laws can occur in two ways: express revocation and tacit revocation.
• 😀 Express revocation happens when a later law explicitly declares that it repeals an earlier law.
• 😀 An example of express revocation is found in Article 2045 of the Civil Code, which revokes the 1916 Civil Code.
• 😀 Tacit revocation occurs when the later law is incompatible with the earlier law or regulates the entire matter of the earlier law without explicitly stating revocation.
• 😀 A key feature of tacit revocation is that it requires interpretation or assumption, as the later law does not explicitly declare revocation.
• 😀 If a new law sets an earlier deadline (e.g., changing a tax deadline from April 30 to April 15), we assume the later law tacitly revokes the earlier one due to incompatibility.
• 😀 Similarly, if a new law changes the age for obtaining a driver's license, we assume the new law tacitly revokes the previous law if the two are incompatible.
• 😀 Tacit revocation can also occur when a new law fully regulates the subject matter of an earlier law, even if revocation is not explicitly stated.
• 😀 An example of this is the implementation of a new Civil Code or a new Forest Code, which may completely replace the provisions of the old laws.
• 😀 According to Article 2 of Decree-Law 4657, a new law that only provides general or specific provisions on a subject covered by an earlier law does not revoke the earlier law, and both laws remain valid if they are not incompatible.

Q & A

What is the main topic of the lesson in the transcript?

The main topic of the lesson is about 'express revocation' and 'tacit revocation' in law, as explained through the interpretation of Article 2 of Decree-Law 4657.

What does the first part of Article 2 of Decree-Law 4657 state?

The first part of Article 2 of Decree-Law 4657 states that a later law revokes an earlier law when it expressly declares so, is incompatible with the previous law, or entirely regulates the matter covered by the earlier law.

What is meant by a 'posterior law' in the context of the transcript?

A 'posterior law' refers to a newer law that comes after and may revoke or modify an earlier law, as it could be in conflict with or regulate the same subject matter.

Can you provide an example of express revocation mentioned in the script?

Yes, an example of express revocation is the revocation of the 1916 Civil Code by Article 2045 of the current Civil Code, where the new code explicitly revokes the old one.

What does 'tacit revocation' mean in legal terms?

Tacit revocation refers to the implied revocation of a previous law by a new law, even though the newer law does not explicitly declare the revocation. It is assumed when the new law is incompatible with the old one or regulates the same subject matter completely.

What happens when a new law is incompatible with an old one but does not explicitly revoke it?

In such cases, tacit revocation is assumed, as the incompatibility between the two laws suggests that the new law implicitly revokes the earlier law.

Give an example of tacit revocation due to incompatibility as mentioned in the lesson.

An example is when a law requires tax declarations to be submitted by April 30, and a later law sets the deadline as April 15. The new law does not explicitly revoke the previous one, but tacit revocation is assumed because the two deadlines are incompatible.

What is another scenario in which tacit revocation can occur?

Tacit revocation can occur when a new law completely regulates the matter of the previous law. For example, the new Civil Code, the Forest Code, or the Statute of the Elderly could regulate the same issues as earlier laws without explicitly revoking them.

What does the second paragraph of Article 2 of Decree-Law 4657 state?

The second paragraph of Article 2 of Decree-Law 4657 states that a new law that establishes general or special provisions on an existing matter does not revoke or modify the previous law, meaning both laws can coexist if they are compatible.

How can multiple laws coexist in the legal system without revoking each other?

Multiple laws can coexist if they address the same issue but are not incompatible with each other. For example, an environmental law and a law granting rights to the elderly can both be valid and applicable without revocation, as long as they do not conflict.