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| Author(s): |
Mayara Paschoal Michéias
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Franca. 2021-01-27. |
| Institution: | Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca |
| Defense date: | 2020-12-03 |
| Advisor: | Daniel Damásio Borges; Foz Mange Flávia |
| 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 would assure it not only the accomplishment of the politics it had to create, but also be 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 to demonstrate a lack of limitations to their enactments, like it used to happen with the decree-laws. That led to a democratic deficit besides the misuse of provisional measures, specially as it started to be used in banal situations, in order to control Legislative Branch's agenda. Due to that PEC 472/1977 was proposed and 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 the end of the reenactments. In this research we look forward to develop a legislative evaluation of this Amendment to verify whether it was or wasn't effective towards its goals. Therefore, through a survey on the Goals of the Amendment, as well as on the statistics related to the current enactment of provisional measures before and after the Amendment (from 1988 to 2001 and from 2001 to 2019), through a qualitative and quantitative analysis, we can verify whether and how the goals were achieved, observing the current situation with an evaluative look, so that after this analysis we can study new ideas to solve these problematics related to the enactment of provisional measures. We also intend to study the recently approved project for Constitutional Amendment n.91/2019. Given that, the method used will be the legislative evaluation, through the documental analysis technique to achieve the answers we look for, besides the comparative study with Italian law to deepen the study and make new propositions possible. (AU) | |
| FAPESP's process: | 18/05964-1 - The control of the enactment of provisional measures: legislative evaluation of constitutional amendment n. 32/2001 and research for new possibilities of control |
| Grantee: | Mayara Paschoal Michéias |
| Support Opportunities: | Scholarships in Brazil - Master |