Medida provisória: uma manifestação de vontade imperial do poder executivo à luz de uma análise crítica da EC 32

Authors

  • IVO DANTAS

Keywords:

Provisional measures, philosophy of the EC 32, Italian and Spanish systems, urgency and relevance, law enforcement.

Abstract

The study deals with the new regulation on provisional measures in Brazil from a critical perspective rather than a stricly legislative one. It examines the values and consequences of EC 32, highlighting the fact that it has created two regimes for enforcing provisional measures. One is a general regime, applicable to any subject, whilst the other is a special regime for tax-related issues. It also gives a comparison of the Spanish and Italian models and finally, an analysis of the vicissitudes of article 62 of the Federal Constitution.

Published

2009-11-23

Issue

Section

STUDIES