The power to propose: or, the economics of the medidas provisórias

Abstract

The overall theme of this article is the degree of autonomy under which the Brazilian National Congress operates, as to the economic policy-making. Since 1988 the peculiar constitutional mechanism of the medidas provisórias has been working in such a way that transfers legislative power from the legislature itself to bureaucrats. After a brief characterization of the legislative output of the National Congress, the author presents the concept of legislative excess through which the growing erosion of the constitutional system of separation of powers is measured. Some analytical implications of the concept are elaborated as the power to propose in public choices.