5. A Study On The Legislative Decrees: Procedure, Common Internacional Treaties And Constitutionality Control

Abstract

This article proposes a complete, analytical and accurate analysis of the legislative species pointed out in article 59 of the Federal Constitution called legislative decree, presenting its whole general procedure, instructed by the Common Bylaws of the National Congress, as well as that one undertaken in the adoption of common international treaties, in contrast to the international human rights treaties, approved by separate vote treated as a constitutional amendment. In the end, it deals with the issue of constitutionality control accustomed to the subject, explaining the possibility of abstract oversight on the constitutionality of the legislative decrees and concluding for the impossibility of such an oversight directly on international treaties.