Legislative Power in Brazil

Introduction

The Legislative Power (Poder Legislativo) is exercised at the federal level by the National Congress (Congresso Nacional), composed of the Chamber of Deputies (Câmara dos Deputados) and the Federal Senate (Senado Federal). The 1988 Constitution establishes a bicameral system with distinct functions, including legislation, oversight of the executive, and approval of senior appointments. State and municipal legislative bodies mirror the federal structure.

National Congress

Bicameral System

Brazil adopts a perfect bicameral system (bicameralismo perfeito), where both chambers are co-equal in the legislative process. A bill must be approved by both chambers in identical form to become law.

Common Functions

Article 48 enumerates matters requiring congressional legislation, including: (i) tax and budget; (ii) national development plans; (iii) territorial organization; (iv) public administration; (v) monetary and credit policies; and (vi) amnesty.

Chamber of Deputies

Composition

The Chamber has 513 deputies, elected by proportional representation (sistema proporcional). Each state and the Federal District is allocated between 8 and 70 deputies based on population, with a minimum of 8 and maximum of 70.

Term

Deputies serve four-year terms. Elections are held simultaneously with presidential elections.

Federal Senate

Composition

The Senate has 81 senators, three for each state and the Federal District, elected by majority vote (sistema majoritário).

Term

Senators serve eight-year terms, with elections staggered every four years. At each election, one-third or two-thirds of the seats are renewed.

Exclusive Functions

The Senate has exclusive functions (Article 52), including: (i) adjudication of the President for crimes of responsibility; (ii) approval of senior judicial and executive appointments; (iii) authorization of foreign credit transactions; (iv) suspension of laws declared unconstitutional by the STF.

Legislative Process

Types of Legislation

The Constitution establishes several types of legislative acts:

• Complementary Laws (leis complementares): Approved by absolute majority; required for constitutional provisions that specify “lei complementar”
• Ordinary Laws (leis ordinárias): The standard legislative form, approved by simple majority
• Delegated Laws (leis delegadas): Laws enacted by the President on specific congressional authorization
• Legislative Decrees (decretos legislativos): Congressional acts not subject to presidential approval
• Resolutions (resoluções): Acts of each chamber on internal matters

Bill Initiation

Bills may be initiated by: (i) any member of Congress; (ii) the President; (iii) the STF, STJ, or TST (on judicial matters); (iv) the Public Prosecutor’s Office; or (v) citizens through popular initiative (iniciativa popular).

Procedure

The standard legislative procedure involves: (i) committee review; (ii) floor debate and voting in the chamber of origin; (iii) review by the other chamber; (iv) presidential approval or veto; and (v) publication.

Parliamentary Inquiries

CPI

Congressional Parliamentary Inquiry Commissions (CPIs) are created by one-third of the members of either chamber to investigate specific matters. CPIs have powers of investigation equivalent to judicial authorities, including witness subpoenas, document requests, and expert examinations.

Investigative Powers

CPIs may: (i) summon witnesses; (ii) request documents and information; (iii) conduct searches (with court authorization); (iv) order wiretapping and surveillance (with court authorization); and (v) propose criminal charges.

Oversight Functions

Budgetary Control

Congress exercises oversight through: (i) the Joint Budget Committee (CMO); (ii) the Federal Accounting Court (TCU); and (iii) annual review of presidential accounts.

Control of Executive

Congressional oversight mechanisms include: (i) summons of ministers; (ii) requests for written information; (iii) CPIs; (iv) review of provisional measures; and (v) rejection of executive regulations.

State and Municipal Legislatures

Legislative Assemblies

Each state has a Legislative Assembly (Assembleia Legislativa) with deputies elected for four-year terms. Their powers include state legislation, budget approval, and oversight of the state executive.

Municipal Chambers

Each municipality has a Municipal Chamber (Câmara Municipal) with councilors (vereadores) elected for four-year terms. Their powers include municipal legislation and oversight of the mayor.

Conclusion

The Brazilian Legislative Power is a robust bicameral institution with comprehensive legislative, oversight, and accountability functions. The 1988 Constitution strengthened Congress’s role relative to the executive, enhancing its capacity for independent action and executive control. The legislative process, with its multiple veto points and committee structure, requires broad consensus-building for the enactment of legislation.