The control of the enactment of provisional measures: legislative evaluation of constitutional amendment n. 32/2001 and research for new possibilities of control

Abstract

With the goal to replace the decree-law with a more democratic instrument, it was inserted in the prevailing Constitution the provisional measure, an expeditious normative type that would be able to provide the Executive Branch with the power to define an agenda, which assured it not only the accomplishment of the politics it had to create, but is also presented as a quick method of action to be used in urgent and relevant situations. However, with the beginning of recurrent uses of reenactments, this instrument started to demonstrate a lack of limitations to their enactments just like the decree-laws did. That showed a democratic deficit, in a manner that led to a major deflection in its purpose, starting to be used in the dullest situations, specially aiming to control Legislative Branch's agenda, what directed to the PEC 472/1977 which generated the Constitutional Amendment nº 32/2001, that had as main goals the limitation of the enactment of provisional measures, the balance between the Branches, and to end the reenactments. Therefore, in this research we look forward to develop a legislative evaluation of this Amendment to verify if it was or wasn't effective towards its goals, so that, through a survey on the Goals of the Amendment, as well as on the statistics related to the current enactment of provisional measures and how much the locking of agenda, created by the Amendment, among other data, we can verify how the goals were achieved, observing the current situation with an evaluative look, we understand what other conducts were taken afterwards, so that we can suggest more effective changes to solve these problematics related to the enactment of provisional measures. Given that, the method used will be the legislative evaluation, through the documental analysis technique to achieve the answers we look for, besides the use of italian comparative law to look for new options of control.