Provisional measure explained

A provisional measure (Portuguese: medida provisória) is a legal act in Brazil through which the President of Brazil can, "in important and urgent cases", enact laws effective for a maximum of 60 days without approval by the National Congress. The provisional measure may be renewed once for an additional 60 days,^[1] after which, it will cease to be in force unless the National Congress has approved it and made it law. There are two requirements for a provisional measure to be used: urgency and relevance of the matter to be regulated; Provisional measures may not affect:^[2]

• political rights
• criminal law
• organization of the Judicial branch
• the budget
• private property

In addition, provisional measures may not effect that which is reserved for complementary law, or is already included in a bill submitted to the president by the National Congress and awaiting approval.

External links

• (full text)Constitution of the Federative Republic of Brazil; pdf; 432 pages

Notes and References

1. Web site: April 30, 2020. Brazilian President Provisionally Delays LGPD Applicability. live. https://web.archive.org/web/20210122002531/https://www.huntonprivacyblog.com/2020/04/30/brazilian-president-provisionally-delays-lgpd-applicability/. January 22, 2021. March 27, 2021. Hunton.
2. Web site: December 3, 2019. Provisional Measures: understanding the allegedly peculiar Brazilian legislative instrument. live. https://web.archive.org/web/20200810112534/https://leidenlawblog.nl/articles/provisional-measures-understanding-the-allegedly-peculiar-brazilian-legislative-instrument. August 10, 2020. March 26, 2021. leidenlawblog.