Understanding Brazilian law: Part II - General Rules

There are three main kinds of statues that must be approved by the Legislative in the Brazilian Legal System. For each there is a different legislative process.

As in Kelsen's theory, there is hierarchy among laws (term used in general sense). Constitution is the most important. The others – declaratory statute, ordinary law and provisional executive act – cannot rule against Constitution.

Between declaratory statue and ordinary law there is no hierarchy, since each one has a specific function.

Provisional executive act is in the same place as the ordinary law. They differ because the first one is enacted by the President. It starts ruling for some time and is voted by the Congress during that period. If the Congress does not vote it within a 60 days period, it stops ruling. But if such a thing happens the President is able to enact once more the provisional execut5ive act for other 60 days.

Each kind of law (general sense) must be voted accordingly to certain rules.