Provisional measure

A provisional measure (Portuguese: medida provisória) is a legal act in Brazil through which the President of Brazil can, "in important and urgent cases", enact laws effective for a maximum of 60 days without approval by the National Congress. The provisional measure may be renewed once for an additional 60 days,[1] after which, it will cease to be in force unless the National Congress has approved it and made it law. There are two requirements for a provisional measure to be used: urgency and relevance of the matter to be regulated; Provisional measures may not affect:[2]

  • political rights
  • criminal law
  • organization of the Judicial branch
  • the budget
  • private property

In addition, provisional measures may not effect that which is reserved for complementary law, or is already included in a bill submitted to the president by the National Congress and awaiting approval.

References

  1. ^ "Brazilian President Provisionally Delays LGPD Applicability". Hunton. April 30, 2020. Archived from the original on January 22, 2021. Retrieved March 27, 2021.
  2. ^ "Provisional Measures: understanding the allegedly peculiar Brazilian legislative instrument". leidenlawblog. December 3, 2019. Archived from the original on August 10, 2020. Retrieved March 26, 2021.
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