LEI 9099 95 COMENTADA EPUB

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LEI 9099 95 COMENTADA EPUB

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LEI 9099 95 COMENTADA EPUB

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The lei 9099 95 comentada process begins with a bill of law in one of the Houses — the Chamber of Deputies or the Federal Senatethus called Originating House.

Within the originating House, the bill of law is submitted to a technical, material, and formal analysis, which is carried out by the corresponding lei 9099 95 comentada of that House. The Chamber of Deputies has 16 standing committees, and the Senate, seven.

LEI 9099 95 COMENTADA EPUB

If the bill of law is approved by the competent committees, it is forwarded to the plenary assembly, to be voted on. After being voted on, it is dismissed if rejected, or forwarded to the reviewing House, if approved.

The reviewing House is obviously the one that did not originate the bill of law. If the bill is rejected, it lei 9099 95 comentada dismissed; if it is amended, it is returned to the originating House to be appreciated; if it is approved, depending on the object of the bill, it is forwarded to the President of the Republic to be sanctioned or vetoed.

Features – Doing Legal Research in Brazil 2002

Upon receiving a bill of law, the President of the Republic may sanction it or veto it in whole or in part — provided that this partial veto regards the whole text of an article, paragraph, item, or subitem. Vetoing isolated words is not permitted.

Such veto must be issued within 15 days, and must be expressly based lei 9099 95 comentada unconstitutionality or damage to public interest, which is an entirely subjective criterion. Furthermore, a veto lei 9099 95 comentada not an absolute decision — rather, it can be overriden by members of the National Congress, who shall analyze it within 30 days counted from the date of receipt.

If the veto is overriden, the bill shall be sent to the President of the Republic for promulgation. The President lei 9099 95 comentada the Federal Senate shall promulgate such bill if the President of the Republic refuses to do so, even though such promulgation is incumbent upon the latter.

If the President of the Federal Senate also refuses to promulgate the bill, the Vice-President of the Federal Senate must do so, thus allowing it to be published, which is an essential condition for it to be effective.

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Promulgation by the President of the Republic and by the President of the Federal Lei 9099 95 comentada must take place within 48 hours. According to article 59 of the Federal Constitution, the legislative process comprises the preparation of the lei 9099 95 comentada legislative initiatives: Constitution the supreme law Laws that are supplementary to the Constitution federal, state, Federal District, or local laws Ordinary laws either federal, state, Federal District, or local laws Delegated laws federal Legislative decrees Resolutions.

The above-mentioned legislative initiatives, in the order they have been described, establish the hierarchical principle, with the exception of provisional measures, which merely make part of the legislative process.

The Constitution may be amended on the proposal of at least one-third of the members of the Chamber of Deputies or of the Federal Senate ; of the President of the Republic; or of more than one half of the State Legislative Assemblies.

LEI 9099 95 COMENTADA EPUB

Such amendments must respect certain fundamental principles: Federalism; direct, secret, universal, and periodic vote; individual rights and guarantees; and separation of powers. Approval requires two readings in each House of the National Congress, with three-fifths of the votes of the respective members.

It must be emphasized that a Constitutional Amendment does not depend on sanction lei 9099 95 comentada the President of the Republic, since it is a competence of the National Congress. They differ from amendments to the Constitution because they neither become an integral part of the Constitutional text, nor require such a rigid quorum to be approved — the votes of the absolute majority of the members of each House suffice.

lei 9099 95 comentada

Features – Doing Legal Research in Brazil – LLRX

A supplementary law Lei complementar is a separate law, as its name indicates, since it supplements the Constitution, without interfering with the lei 9099 95 comentada text. In fact, it offers a separate complement to the Constitution, lei 9099 95 comentada detailing a matter which the Constitution dealt with only generically.

Approval requires two readings in each house of the National Congress, with the votes of the absolute majority of members. Approval by the President of the Republic is required.

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They are laws originating from the Legislative Branch, in the exercise of its primary legislating function.

They deal with all subjects, except those which will be specifically dealt with by a supplementary law. Approval requires one reading in each House of the National Congress, with lei 9099 95 comentada vote of a simple majority, and sanction lei 9099 95 comentada the President of the Republic.

It is issued by the President of the Republic in important and urgent situations, has a temporary nature, with the force of law, and must be submitted to the National Congress, to go through the entire legislative process, following the procedures required for ordinary laws.



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