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The control of the enactment of provisional measures: legislative evaluation of the Constitutional Amendment n 32/2001

Grant number: 16/24733-5
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): April 01, 2017
Effective date (End): December 31, 2017
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Daniel Damasio Borges
Grantee:Mayara Paschoal Michéias
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

With the goal to replace the decree-law with a more democratic instrument, it was inserted in the prevailing Constitution the provisional measure, an expeditious normative type that would be able to provide the Executive Branch with the power to define an agenda, which assured it not only the accomplishment of the politics it had to create, but is also presented as a quick method of action to be used in urgent and relevant situations. However, with the beginning of recurrent uses of reenactments, this instrument started, just like the decree-laws did, to demonstrate a lack of limitations to their enactments, showing a democratic deficit, in a manner that led to a major deflection in its purpose, starting to be used in the dullest situations, specially aiming to control Legislative Branch's agenda, what directed to the PEC 472/1977 which generated the Constitutional Amendment nº 32/2001, that had as main goals the limitation of the enactment of provisional measures, the balance between the Branches, and to end the reenactments. Therefore, in this research we look forward to develop a legislative evaluation of this Amendment to verify if it was or wasn't effective towards its goals, so that, through a survey on the Goals of the Amendment, as well as on the statistics related to the current enactment of provisional measures and how much the locking of agenda, created by the Amendment, among other data, we can verify how the goals were achieved, observing the current situation with an evaluative look, so that after this analysis there can be generated more effective propositions in the future to solve these problematics related to the enactment of provisional measures. Given that, the method used will be the legislative evaluation, through the documental analysis technique to achieve the answers we look for. (AU)

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