Restrictions of the Provisional Measure

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Provisional Measures are a powerful resource for the Executive Branch, which can be used both to avoid paralysis of agendas in the National Congress and to ensure that urgent issues are debated in the necessary time – considering that a Provisional Measure deals with a subject that cannot wait for a longer processing time , as is usually the case with a Bill, for example.


To ensure that Provisional Measures are not issued arbitrarily, the Constitution provides in its article 62 some restrictions for their issuance, and the president cannot propose the creation of measures that legislate on nationality, citizenship, rights and political parties and electoral law; criminal law, civil criminal procedure; organization of the Judiciary and the Public Prosecutor's Office; multi-year plans, budgetary guidelines and budget, detention or seizure of assets, savings or any other financial asset, matters reserved for complementary law and matters already regulated in Bills approved by Congress and pending sanction or veto by the president.



Difference between Provisional Measure, Bill and Decree
The different possibilities for legislation may be difficult to understand china mobile database at first. But one of the main differences between a provisional measure and a bill, for example, is that a provisional measure can only be proposed by the executive branch, while bills can be drafted by members of parliament, committees in the Chamber of Deputies and the Senate, the Supreme Federal Court (STF), higher courts and even by citizens, through popular initiative .


Furthermore, the processing of the rules also occurs differently. A Bill, when proposed, must be submitted by the Speaker of the Chamber to up to three thematic permanent committees of the House, which must analyze the merits of the proposal. After this stage, the admissibility of the text is then evaluated by the Finance and Taxation Committee (CFT) and the Constitution and Justice and Citizenship Committee (CCJC).


The decree is an act within the competence of the heads of the Executive Branch – Union, States and Municipalities – and its function is to regulate some law or device that is already in force, but that needs greater precision for better application.