Processo legislativo municipal e separação de "poderes": estudo de caso em Serra Branca-PB.

Abstract

The legislative work cannot avoid the adoption of modern techniques of legal texts preparation. Parliaments, in particular, municipal ones, have the delegation of producing legislation of effective implementation, along with residents, using instruments that bring citizens closer of their representatives. The Democratic State has several mechanisms as constitutive basis (equality, freedom, democratic organization of society, the division of powers or functions, among many others). The legislative function also constitutes one of the most important foundations for a democratic and republican State. With the primary aim of awarding legal security to society, essential to the structure of the state itself and the social relations. Through a normative view, the parliamentary activity performs a peculiar role of producing laws. Through research conducted in the archive of the City Council of Serra Branca, in order to carry out an comparative and quantitative analysis of the institutional mechanisms of the Legislative Process in the municipality and with specific objective of comparing and quantifying verify the continuing relevance of the draft laws, conducting a survey of the flow of these mechanisms, as well as the successes and failures of each of the chief executives of the 11th and 12th Legislatures, respectively comprising the governments of Luiz Jose Mamede Lima (2005-2008) and Eduardo Jose Torreao Mota (2009-2012) in the City of Serra Branca. It was found that the legislative production of the council members consisted of 92 draft laws, 80 legislative decrees, 437 indications and 348 applications lodged from 2005 to 2012. When the draft laws were separated, the Executive was responsible for a production of 119 propositions submitted, in the evaluated period, and 13 provisional measures.