International Journal of Law
International Journal of Law
International Journal of Law
Vol. 5, Issue 6 (2019)

The effectiveness of provisory measures (MPs) in Brazil


Dr. Murillo de Oliveira Dias

On October 5, 1988, the National Constituent Assembly promulgated the Constitution of the Federative Republic of Brazil, instituting the Provisional Measure (MP) through Art. 62, which is a single act of the President of the Republic, due to urgency and relevance of the subject, for a period not superior to 60 days, with an immediate force of law. However, in September 2001, Constitutional Amendment 32 (CA 32), removed the MP's termination clause over time from Art. 62. In other words, MPs, instead of provisory, should become permanent. This article investigated the effectiveness of MPs - through comprehensive archival research and context analysis. Key findings pointed a significant reduction of MPs reeditions with the adoption of CA 32 (from 9,588 to zero, in 18 years), a decreasing tax of converted Laws (from 78 before and 76 percent after CA 32), resulting in 1,512 MPs issued from 1988 until 2019, with 1,160 MPs converted into Laws (77 percent). Ultimately, this investigation pointed out the existence of 67 MPs in process, most of which in force for 18 years (N=51), a potential source for juridical insecurity. Case analysis and discussion complete the present work.
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How to cite this article:
Dr. Murillo de Oliveira Dias. The effectiveness of provisory measures (MPs) in Brazil. International Journal of Law, Volume 5, Issue 6, 2019, Pages 10-16
International Journal of Law