A produção legislativa no Brasil de 1988 a 2017: relevância e proatividade?

Abstract

This thesis analyzes the Brazilian Parliament legislative production since the current Constitution enactment, on October 5, 1988, until 2017, taking into consideration all the different kinds of normative acts. The objective of this work is to demonstrate that the endogenous legislative production — authored by the Parliament — is relevant. The research is justified by existent gaps in the literature about the relevance of the legislative production authored by the Parliament. These analyses largely aim to emphasize the quantitative aspects, to the detriment of the qualitative ones and, as consequence, overvalue the role of the Executive in comparison to that of the Legislative with respect to the production of laws. For the analysis to be carried out, a Relevance Model was created for the evaluation of legislative production, taking into consideration the internal factors based on the institutional design and on the Brazilian legislative process specificities, as well as external factors related to the media and to the contents of public policies. Having been attributed values to each one of the variables, which corresponded to six dimensions of the norm evaluation, the calculation produced the norm index of relevance. The main hypothesis is the existence of relevant legislative production authored by the Parliament. Methodologically, the research is organized in the following way: it begins with the construction of the concept of "legislative relevance", using as reference the concept of relevance established by Political Science literature, in combination with the methodology outlined by foreign literature. Afterwards it comprises the building and validation of the relevance model, when information about the proposals enacted as legal rule has been collected (proposals presented as bills, specific bills to regulate the Constitution, provisional acts, constitutional amendments, legislative decrees and resolutions). It has permitted to verify the model validity and its appropriateness to show the endogenous legislative production relevance. At the end, the research presents the results of qualitative analysis of the legislative production for the applicable period, indicating the existence of relevant legislative production originated from the Federal Legislative Branch in Brazil and, therefore, signs of proactivity of Brazilian Parliament. The results show that the most relevant norms are the constitutional amendments and the bills that regulate the Constitution, the majority of them classified by the model as high and medium relevance. Those of lesser relevance are the ordinary laws, the legislative decrees and the resolutions, mostly classified by the model as low relevance, independently of the authorship.