Ordinary law is the most common normative type provided for in the Federal Constitution and it issues norms in a general and abstract way.
Ordinary laws may provide for any matter, with the exception of those reserved for laws complementary and internal affairs of the National Congress, which must be regulated by decrees and resolutions.
Ordinary laws are considered primary normative acts, that is, they create, modify and extinguish rights following a legislative process and precepts expressed directly in the Federal Constitution. The other primary normative acts are:
- amendments to the Constitution
- complementary laws
- delegated laws
- interim measures
- legislative decrees
- resolutions
Differences between ordinary law and complementary law
The differences between ordinary laws and complementary laws stem from the Federal Constitution and are material and formal in nature. The material nature difference concerns exactly the matter that can be legislated by each type of law and the formal difference is related to the approval process that each one has.
Matter dealt with in the law
Complementary law has its field of action determined in the Federal Constitution in an exhaustive way, that is, some matters can only be regulated through this type of law. This occurs in matters that are already provided for in the Constitution in a superficial way and need to be complemented.
Ordinary law provides for so-called residual matters, that is, all that are not reserved for complementary laws, legislative decrees or resolutions.
According to the STF, there is no hierarchy between complementary laws and ordinary laws. However, the reservation of matter has the following consequences: a materially complementary law cannot be revoked by ordinary law., (considering that it cannot legislate on those matters), but a complementary law can always revoke an ordinary law.
Approval process
For a complementary law to be approved it is necessary that the absolute majority, that is, more than half of the members of the National Congress are in favor of the project.
Voting for approval of an ordinary law takes place by simple majority, that is, the majority of parliamentarians who are present on the day the bill is voted on.
Formally complementary laws (approved by an absolute majority but not dealing with matters exclusive to complementary laws) can be revoked by ordinary laws.
Ordinary Bill
The Ordinary Bill is the document that initiates the legislative process for an Ordinary Law to be created or amended. Legislative process is the set of all phases that are necessary for a bill to be approved, from the proposal to the voting phase.
Who can propose an ordinary bill?
According to article 61 of the Federal Constitution, the initiative of the ordinary laws fits:
- to any member or Committee of the Chamber of Deputies
- to any member of the Federal Senate or the National Congress
- to the President of the Republic,
- to the Supreme Court,
- to the Superior Courts,
- to the Attorney General of the Republic
- and citizens, through popular initiative, requiring the signature of at least 1% of the country's electorate, spread over at least five states, with no less than 0.3% of voters in each. one of them.
Delegated laws
Delegated laws are laws drafted by the President of the Republic after authorization from the National Congress, which must specify the content and terms of the delegation.
According to article 68, §1 of the Federal Constitution, delegated laws cannot legislate on:
- acts of exclusive competence of the National Congress;
- matter reserved to the complementary law;
- organization of the Judiciary and the Public Ministry, the career and guarantee of its members;
- nationality, citizenship, individual, political and electoral rights;
- multi-year plans, budget guidelines and budgets.
After approval of the law delegated by the National Congress, it enters the legal system with the status of ordinary law.
See too:
- Complementary law
- Constitutional amendment