No more cesarism!! said Federal Supreme Court
Until very recently, the dominant interpretation in Brazil was the following one: if the national Congress did not appreciate and deliberate about a law edited by the President, in 45 days after its publication, so, the called Medida Provisória entered in the regimen of urgency and locked all the rest of votings of the Congress, to force the Congress appreciate the President iniciative.
Against this agreement, the President of the House of Deputies, Dep. Michel Temer, announced, in 17 of March of 2009, its interpretation of § 6º, Art. 62 of the Constitution, where it´s written that if the medida provisória will not be appreciated in up to forty five days counted of its publication, it will enter in regimen of urgency, in each one of the Houses of the National Congress, being blocked, all the too much legislative deliberations of the House.
The interpretation of Mr. Temer was officialized in a reply to a “”Question of Order” elaborated for the member of the house of representatives Regis de Oliveira (PSC-São Paulo). Oliveira asked if the Chamber could vote resolution projects even if the agenda of the Congress was blocked by the Medidas Provisórias. Mr. Temer argued that only with a "sistemic interpretation" of the Constitution it would be possible to change the agreement on the regime of MPs. The Constitution determines, in article 62, that "all" the legislative deliberations must be postponed for the analysis of MPs with transaction stated period looser. Mr. Temer, however, argues that subjects on which the MPs cannot be edited are not enclosed in this rule.
The leaders of the PPS, Fernando Owl (SC), DEM, Ronaldo Caiado (GO), and PSDB, Jose Aníbal (SP), seek, in 18.03.09, the Supreme Federal Court (STF) with a preventive mandamus with preliminary order against what they had classified of " engineering política" of the Mr. Temer.
The preliminary decision pronounced by the Min. Celso de Mello, in MS 27,931-1, of 27.03.09, confirmed the interpretation of Mr. Temer, President of the house of representatives. Now, saved if the Plenary of the Supreme Court understands differently, the Medidas Provisórias edited by Mr. President only lock works of the ordinary sessions of the Congress, and only if it deliberates on subjects that can be ruled by medidas provisórias. The Medidas Provisórias cannot lock all the Congress votings projects like Resolutions, Legislative Decrees, Complementary Laws, Constitutional Emendations and of the usual laws that rule constitutional forbidden contents, for the proper Constitution, to medidas provisórias.
Against this agreement, the President of the House of Deputies, Dep. Michel Temer, announced, in 17 of March of 2009, its interpretation of § 6º, Art. 62 of the Constitution, where it´s written that if the medida provisória will not be appreciated in up to forty five days counted of its publication, it will enter in regimen of urgency, in each one of the Houses of the National Congress, being blocked, all the too much legislative deliberations of the House.
The interpretation of Mr. Temer was officialized in a reply to a “”Question of Order” elaborated for the member of the house of representatives Regis de Oliveira (PSC-São Paulo). Oliveira asked if the Chamber could vote resolution projects even if the agenda of the Congress was blocked by the Medidas Provisórias. Mr. Temer argued that only with a "sistemic interpretation" of the Constitution it would be possible to change the agreement on the regime of MPs. The Constitution determines, in article 62, that "all" the legislative deliberations must be postponed for the analysis of MPs with transaction stated period looser. Mr. Temer, however, argues that subjects on which the MPs cannot be edited are not enclosed in this rule.
The leaders of the PPS, Fernando Owl (SC), DEM, Ronaldo Caiado (GO), and PSDB, Jose Aníbal (SP), seek, in 18.03.09, the Supreme Federal Court (STF) with a preventive mandamus with preliminary order against what they had classified of " engineering política" of the Mr. Temer.
The preliminary decision pronounced by the Min. Celso de Mello, in MS 27,931-1, of 27.03.09, confirmed the interpretation of Mr. Temer, President of the house of representatives. Now, saved if the Plenary of the Supreme Court understands differently, the Medidas Provisórias edited by Mr. President only lock works of the ordinary sessions of the Congress, and only if it deliberates on subjects that can be ruled by medidas provisórias. The Medidas Provisórias cannot lock all the Congress votings projects like Resolutions, Legislative Decrees, Complementary Laws, Constitutional Emendations and of the usual laws that rule constitutional forbidden contents, for the proper Constitution, to medidas provisórias.
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