Lei de Introdução - Aula 05 - Repristinação - Art. 2º, § 3º, Decreto-lei 4657/42

Summary

This lesson explains the concept of repristination in Brazilian law, as outlined in Article 2, Paragraph 3 of Decree-Law 4657/42. The instructor clarifies that revocation of a law does not automatically restore a previously revoked law if the revoking law loses its validity, unless explicitly stated. Using examples, the lesson demonstrates how a law's reactivation only occurs through express provision in the revoking law. The instructor emphasizes that automatic repristination does not exist in Brazil, and for a law to regain validity, this must be clearly specified in the revoking legislation.

Takeaways

• 😀 Repristination refers to the revival of a repealed law if the law that repealed it loses its validity.
• 😀 In Brazil, there is no automatic repristination. A repealed law does not revive just because the repealing law expires.
• 😀 For a repealed law to regain validity, the repealing law must explicitly state that the original law will be reinstated once it expires.
• 😀 The third paragraph of Article 2 of the Decree-Law 4657/42 specifies that a repealed law does not automatically restore unless stated otherwise in the repealing law.
• 😀 Example 1: If Law A (from 2011) is repealed by Law B (from 2014) that expires in 2015, Law A does not automatically come back into effect after Law B expires.
• 😀 Example 2: A municipality's law from 2011 provides a monthly transfer of R$1000. If a new law in 2014 increases this transfer to R$1500 but expires in 2015, the 2011 law does not automatically take effect again.
• 😀 The key concept of repristination is that a repealed law only returns to force if explicitly stated in the repealing law, not by default.
• 😀 Repristination is a legal concept used when laws interact with each other, where one law repeals another, and the repealed law might potentially come back into effect.
• 😀 The idea of repristination in Brazil is governed strictly by legal text, and courts would follow the explicit language of laws regarding their return to force.
• 😀 Understanding repristination is crucial for law enforcement and legal professionals, as it directly impacts the interpretation of expired laws and their revival.

Q & A

What is repristinação in Brazilian law?

Repristinação is the legal concept that refers to the restoration of a law that was previously revoked, but only if explicitly stated in the law that did the revocation.

Where is the concept of repristinação defined in Brazilian law?

The concept of repristinação is defined in Article 2, Paragraph 3 of the **Decreto-Lei 4657 de 1942**.

Does a law automatically return to validity after its revoking law loses its validity in Brazil?

No, in Brazil, a law does not automatically return to validity after the law that revoked it loses its validity unless explicitly stated in the revoking law.

What does Article 2, Paragraph 3 of **Decreto-Lei 4657 de 1942** say about repristinação?

It states that, except when expressly provided otherwise, a revoked law does not restore itself just because the revoking law lost its validity.

What happens if a temporary law revokes another law in Brazil?

If a temporary law revokes another law and the temporary law loses its validity, the revoked law does not automatically regain its validity unless the temporary law specifically states that it will be restored.

Can you give an example of repristinação in the context of municipal law?

For instance, if a municipality enacted a law in 2011 providing R$ 1,000 monthly to a nonprofit and later enacted a law in 2014 increasing the amount to R$ 1,500, but the 2014 law expired in February 2015, the original law from 2011 does not automatically return to force unless the 2014 law explicitly states its restoration.

What does the professor mean by 'repristinação automática'?

The professor refers to 'repristinação automática' as the automatic restoration of a law once the revoking law loses its validity, which does not happen in Brazil unless explicitly specified in the revoking law.

Why is repristinação important in Brazilian legal practice?

Repristinação ensures that revoked laws do not automatically come back into force, preventing confusion or legal inconsistencies. It requires clear and explicit language in the revoking law to restore the previous law.

What does the professor conclude about repristinação in Brazil?

The professor concludes that Brazil does not have automatic repristinação; a revoked law will only return to force if the revoking law explicitly states that it will be restored.

What would happen if a law that revokes another law is itself repealed in Brazil?

If a law that revokes another law is repealed, the law that was revoked will not automatically come back into force unless the repealing law explicitly provides for its restoration.