IMAGINATION, TRANSGRESSION AND FORMALIZATION: ACTS BY THE BRAZILIAN CONGRESS AND SUPREME FEDERAL COURT CONCERNING PROVISIONAL MEASURES' PROCEDURAL RULES

• Main Authors: Leandro Molhano Ribeiro, Mariana Novotny Muniz
• Format: Article
• Language: English
• Published: Universidade Federal do Rio de Janeiro 2020-04-01
• Series: Revista de Estudos Institucionais
• Subjects: mudança institucional; medidas provisórias; supremo tribunal federal; processo legislativo
• Online Access: https://estudosinstitucionais.com/REI/article/view/464

The constitutional rules concerning provisional measures have been frequently altered since the Brazilian Constitution was promulgated in 1988. Some of these changes were formally made, such as the 21st Constitutional Amendment, while others were informally processed. The article seeks to analyze four cases in which the rules were informally altered, either through political imagination or transgression. These cases were also classified into four different types of institutional change: displacement, layering, drift or conversion. Finally, the authors contend that the Brazilian Supreme Federal Court has had the final word regarding these changes, formalizing them when the rules were reinterpreted or vetoing them when the rules were infringed.