Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-2 | Issue-10 | 336-341
Original Research Article
Brazilian Legislation on Executive Power: Provisory or Permanent Measures?
Murillo de Oliveira Dias
Published : Oct. 30, 2019
Abstract
In 1988, the National Constituent Assembly promulgated the Brazilian Constitution, creating the Provisional Measure (MP) through Art. 62, which is a single act of the President of the Republic, due to urgency and relevance of the subject, with an immediate force of law, for a period not superior to 60 days. In this article, N=1,512 MPs, issued from 1988 to 2019, were analyzed. Key findings pointed out 1,160 MPs converted into Laws (77 percent conversion tax), 67 MPs in process, from which N=51 MPs are still in force for 18 years. This inconsistency is given by the Constitutional Amendment 32, issued on September 11, 2001, which altered the termination clause over time from Art. 62, paragraph 1st, under investigation. The implications are potential legal uncertainty arising from disparities, regarding provisional measures that became permanent, until appreciated by the Brazilian Congress. Case analysis and discussion complete the present work.