Understanding the Brazilian Legal System: Hierarchy of Laws
Constitutional Norms
Constitutional norms represent each rule contained in the Federal Constitution, the supreme law of the regulatory system. These rules do not admit violations of rules below, on pain of being deemed unconstitutional and removed from the system. Some constitutional provisions are so important and comprehensive that they convert to general principles of law, i.e., parameters that guide the development and application of other rules.
The Constitution provides two essential functions: to establish the fundamental structure of the state, providing its powers, organs, and functions; and to define the fundamental rights of human beings, by limiting the actions of individuals between themselves and the state itself to society.
Immutable Clauses
The Constitution accepts change, but the process of changing it is extremely rigorous, demanding a quorum of three-fifths of deputies and senators in two polls taken in each house of the National Congress. Moreover, there are matters that do not admit even a proposed amendment as being immutable, unless you make a new Constitution. These are called the immutable clauses, which correspond to direct, secret, universal, and periodic voting, the federal system, fundamental rights, and the independence of powers.
Complementary Law
Represents the first technical law under the Brazilian system, sitting the following characteristics: state affairs, matters, and a quorum of an absolute majority. For the first, supplementary law serves in CF subjects directly related to the interest of the state (tax forecasting, creation, etc.). The matter express means that the CF makes direct reference to a certain topic being treated by the law, providing that such matter shall be regulated by complementary law. The majority characterizes the concurring votes of half of all members of the legislative house, no matter how many were voting. For example, if there are 100 MPs, 51 are required to agree with this law.
Ordinary Law
The ordinary law takes care of issues directly linked to daily social life, dealing with a variety of issues. Its raw residual covers all issues not expressly granted by the Constitution to a supplementary law, so that matter is by exclusion. A simple majority is half plus one of the parliamentarians attending the voting session, which only begins if an absolute majority is present. For example, if there are 100 MPs, the session begins with 51 of them, and the ordinary law can be approved with 27 votes in agreement.
Although the Federal Constitution provides for supplemental law before the ordinary, you cannot say that there is a hierarchy between the two. In reality, what has once again is a division of subjects for which the complementary law comes to his subject and expresses ordinary care of his waste matter. In these terms, they are on the same plane and have the same foundation: the Federal Constitution.
Delegated Law
It is the legal rule established by the President in cases of urgency and relevance. In such circumstances, the President requests authorization from the National Congress to quickly create a law whose preparation would be late if it followed the legislative process. Judging it convenient, Congress delegates powers to the President of the Republic, setting the limits of delegated legislation. Once created, it is submitted to Congress, which verifies its adequacy and compliance with the established limits. Upon approval, this law enters the legal system as an ordinary law.