⚪ O QUE É LEI DELEGADA?

Summary

In this episode of 'Did You Know,' the host discusses constitutional law and explains what a delegated law is. He notes that it is one of the three types of laws under the Brazilian constitutional legislative process, as per Article 59. Delegated laws, regulated by Article 68, allow the President to request authorization from Congress to create laws instead of submitting a bill that goes through both the Chamber of Deputies and the Senate. If Congress grants permission through a resolution, the President can make the law independently within specified limits. The host encourages viewers to share their thoughts and asks them to subscribe to learn more about such topics pertinent to the Brazilian bar exam and public service exams.

Takeaways

• 📚 The topic of the video is Brazilian Constitutional Law, focusing on the concept of 'lei delegada' (delegated law).
• 🏛️ 'Lei delegada' is one of the three types of laws in the Brazilian legislative process as per Article 59 of the Constitution.
• 📜 Article 68 of the Brazilian Constitution specifically governs 'leis delegadas'.
• 👤 The President of Brazil can request authorization from the National Congress to enact 'leis delegadas' instead of submitting a bill for approval.
• 💡 The process for 'lei delegada' allows the President to directly make a law, upon receiving delegation from Congress.
• 🔍 This process involves a formal request from the President to Congress, entrusting the power to create a complete and final law.
• 🔄 The advantage for the President is a streamlined legislative process: a single joint session and vote in Congress, as opposed to separate processes in the Chamber and Senate.
• 📅 'Lei delegada' speeds up lawmaking, avoiding the longer and more complex procedure of a bill passing through both houses of Congress.
• 📋 Upon approval, Congress formalizes a resolution delegating the President the power to make the law, with defined limits in the resolution and Article 68.
• 🔎 The video encourages viewer engagement with likes, comments, and channel subscription, suggesting a focus on educational content for law students and public exam candidates.

Q & A

What is a delegated law in the context of Brazilian Constitutional Law?

A delegated law is a specific legislative process where the President of Brazil requests authorization from the National Congress to make laws, rather than submitting a bill to be reviewed by both the Chamber of Deputies and the Senate.

What are the three types of laws mentioned in the Brazilian Constitution's legislative process?

The three types of laws are ordinary laws, complementary laws, and delegated laws.

Under which article of the Brazilian Constitution are delegated laws regulated?

Delegated laws are regulated under Article 68 of the Brazilian Constitution.

What is the advantage of the President requesting a delegated law instead of submitting a bill to Congress?

The advantage is that the request for a delegated law is considered in a single joint session of Congress, making the legislative process quicker and less complex than submitting a bill to be reviewed separately by the Chamber of Deputies and then the Senate.

How is a request for a delegated law processed by the National Congress?

The President's formal request is considered in a single joint session of Congress. If approved, Congress formalizes the authorization through a resolution, which delegates to the President the power to make the law within specified limits.

What are the limitations on the President's power to make delegated laws?

The President must obey the limits set forth in the authorizing resolution from Congress as well as the limitations specified in Article 68 of the Constitution.

What happens if Congress approves the President's request for a delegated law?

Congress issues a resolution delegating the legislative power to the President, who then has the authority to enact the law within the established limits.

Can the National Congress refuse a request for a delegated law?

Yes, the National Congress can choose not to grant the President's request for a delegated law.

What is the procedural difference between a delegated law and other types of laws in the Brazilian legislative process?

The key difference is that a delegated law bypasses the standard legislative procedure of bill review by both houses of Congress, allowing the President to directly enact laws with Congress's authorization.

Why might the President prefer to request a delegated law rather than submit a traditional bill?

Requesting a delegated law can expedite the legislative process, allowing the President to implement policies more quickly and with fewer procedural hurdles than the traditional bill submission and review process.