Medida provisória municipal

• Autor(a) principal: Batista, Raimundo
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24041
• topic: medida provisória municipal; processo legislativo; constituição federal; federação; autonomia e simetria; lei orgânica; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

The object of this study is the law measure municipal provisional. The Federal Constitution of 1988, like the previous one, disposed, in a specific section, the formation’s process of the laws, including the normative species of the Brazilian Legal Order, without restricting the use of the provisional measure by the Federal Executive. Thus, the other entities of the Federation, in the use of their autonomy in the federative system and the symmetry derived from it, may, in the elaboration of their regional and local Statutes, choose which normative instruments should be included in their legislative processes. The primary normative activity of the Executive today is a requirement of the modern state, which often needs to act immediately in order to serve the public interest and cannot wait for the ordinary legislative process. The provisional measure is immediately submitted to the Parliament for consideration, for validation, through the process of conversion into law, giving the last word as representatives of popular sovereignty. This primary normative instrument, of exceptional use, with force of law, made available to the chief of the Executive, for use in cases of Brazilians cities, such as Natal, Rio Branco, Palmas and João Pessoa. The discipline of the provisional measure, in the local laws, complies with the limits of the regulation set forth in article 62 of the Constitution, and is intended, in most cases, for use in public calamity and public commotion for the opening of extraordinary credit, in accordance with article 167, § 3, of the Federal Constitution, situations that fulfill the assumptions of relevance and urgency.