A convalidação de vícios formais no processo legislativo brasileiro

Abstract

This study seeks to understand what criteria are found in Brazilian Law to differentiate which violations of the rules of the legislative process can or cannot be remedied. In this way, it designs a chain of sources capable of identifying which rules will be considered as belonging to the Brazilian Federal Legislative Process, including constitutional, legal, regulatory and infra-legal norms. Thus, it characterizes the treatment given to topics that are regulated by Legislative Procedural Law based on the interpretation and the use of its rules in judicial decisions and internal decisions of the Parlament, verifying which reasons support the sanability or insanability of formal defects on a case-by-case basis. In the end, it was concluded that the main reasons that make it impossible to remedy a certain formal defect are the impediment of deliberation by the Legislative Branch; the rigidity of the constitutionally foreseen legislative process; ensuring tax effectiveness and feasibility; the Principle of Bicameralism; and the Principle of Separation of Powers. In this way, this research intended to prepare the ground for a critical debate on legislative procedural practices, aiming to promote future studies that will analyze proposals for normative innovation in the field of the Brazilian Legislative Process, identifying in advance which procedural violations will prevent the continuation of the rites and which can be remedied, in order to better predict the possible practical consequences of insertions or exclusions of legislative procedural rules.