The complementary law is a law created to provide more information about the functioning of rights or obligations (norms) that are defined in the Federal Constitution.
Complementary Bill
The Complementary Bill is the document that initiates the legislative process for a complementary 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 a complementary bill?
The proposal for a new complementary law can be made:
- by the President of the Republic,
- by the senators,
- by the federal deputies,
- by state deputies,
- by the committees of the Chamber of Deputies, the Federal Senate and the National Congress,
- by the Federal Supreme Court (STF),
- by other Courts,
- by the Attorney General of the Republic.
Citizens can also propose a complementary bill. When the project is presented by the citizens, it is called a popular initiative.
How is a supplementary law passed?
For a complementary law project to be approved and become a law, it must be voted and approved in the two Houses that make up the National Congress: the Chamber of Deputies and the Federal Senate. Approval must be by absolute majority, that is, by a majority of the total number of federal deputies or senators.
In the Senate, voting takes place in a single round. As the Senate has 81 senators, it is necessary that at least 41 senators vote in favor of the complementary bill.
In the Chamber of Deputies, voting takes place in two rounds. For the project to be approved, a minimum of 257 votes in favor of a total of 513 deputies are needed.
What is the difference between complementary law and ordinary law?
Complementary law and ordinary law have some differences. The main characteristic that differentiates an ordinary law from a complementary law is the type of matter that is defined by each one of them. Another difference is the vote required for the bill to be approved.
Matter dealt with in the law
The complementary law always deals with themes that were defined in the Federal Constitution. As the name says, it complements information about how a right works, for example.
The Constitution defines that a right exists and the complementary law establishes all the other details about its functioning. It is the Constitution itself that informs when a matter must be regulated by a complementary law.
The ordinary law, on the other hand, deals with other matters that are not defined by a complementary law. These matters are called residual matter.
Vote for approval
In relation to voting for the approval of a bill, the difference is that the complementary law must be approved by an absolute majority and the ordinary law by a simple majority.
The absolute majority is the majority in relation to the total number of deputies or senators, counting even those who are not present in the vote. The simple majority is the majority of parliamentarians who are on the day of voting on the bill.
What matters must be dealt with by complementary law?
See some matters that must be regulated by a complementary law:
- creation and division of federal territories, states and municipalities,
- passage of foreign Armed Forces through the territory of Brazil,
- cases of ineligibility of politicians,
- assessment procedures for public servants,
- rules of cooperation between the Union and the states, the Federal District and the municipalities,
- functions of the vice president of the Republic,
- organization and functioning of the Armed Forces,
- creating laws,
- organization of the Public Prosecutor's Office and the Attorney General's Office,
- criteria for collecting taxes,
- norms of the National Financial System.
See too:
- Law
- Organic Law
- Law and Order Guarantee (GLO)
- Ordinary Law