O PROCESSO LEGISLATIVO: Análise Acerca do Histórico de Elaboração das Leis no Atual Cenário Jurídico Brasileiro.

Abstract

The present work deals with the whole issue involved in the process of elaboration of laws in Brazil in the Federal scope, with analysis of the symmetry of the structure in the smaller spheres. Initially it deals with historical questions that sought to illustrate the evolutionary character of the legislative process throughout history in Brazil - where the Portuguese Ordinances that were written by Portuguese kings from the time of colonization, through Brazil Empire and Brazil-Republic and the rules of the process of the drafting of laws and of the provisions of legislative houses in their respective constitutions. Already within the Brazilian Legislative Process, it is first verified the scope of the competence of the elaboration of the laws according to the Federal Constitution of 1988 that classified like exclusive, common, competing and supplementary competences. Afterwards, it was observed the structure of formation of both legislative houses in federal scope in Brazil which House of Representatives and Federal Senate and the set of both like the National Congress. In the other administrative spheres, we can see how the structure of the State Legislative Assemblies is formed, the City Councils of the municipalities and the District Chamber, responsible for the Federal District. Among the special norms contained in the Federal Constitution of 1988 - considering its own as law, but above all others, as the maximum and guiding law of all others - we find the constitutional amendment, power granted to legislative houses to act as a constituent assembly in a residual way, where they could - respecting the stony clauses - change the text of the Constitution itself through a complicated procedure, but without the need for presidential sanction to promulgate it; complementary law, which has application to some constitutional provision that provided for regulating a certain matter that would not be possible due to the synthetic text of the Constitution, which is more complicated than usual, requiring a quorum of special voting in all deliberations; the ordinary law, which is the pure act of the legislative, generally used to edit normal in abstract and general character; resolutions and legislative decrees, as exclusive competence of legislative houses, but with the same force of law, dispensing with the need for appreciation by the executive branch. Placed as atypical legislation, the provisional measure and the delegated law were also studied in this work. In the end, a certain critical analysis of the current scenario of the Brazilian legislative process, taking into account the law compared to other forms and systems of governments found world-wide, spending on the legislative process, delays, probing and virtuous on the part of the members of the Legislative Houses, how such factors affect the life of the citizen and of society and how this scenario could improve.