provisional measure

{{Use American English|date = March 2019}}

{{Short description|Constitutional power of the President of Brazil}}

{{Use mdy dates|date = October 2016}}

A provisional measure ({{langx|pt|medida provisória}}) is a legal act in Brazil through which the President of Brazil can, "in important and urgent cases", enact laws effective for a maximum of 60 days without approval by the National Congress. Upon enacting one, the President is required to immediately submit it to Congress for approval or rejection. The provisional measure may be renewed once for an additional 60 days,{{Cite web|date=April 30, 2020|title=Brazilian President Provisionally Delays LGPD Applicability|url=https://www.huntonprivacyblog.com/2020/04/30/brazilian-president-provisionally-delays-lgpd-applicability/#:~:text=Under%20the%20Brazilian%20legislative%20process,for%20an%20additional%2060%20days.|url-status=live|archive-url=https://web.archive.org/web/20210122002531/https://www.huntonprivacyblog.com/2020/04/30/brazilian-president-provisionally-delays-lgpd-applicability/|archive-date=January 22, 2021|access-date=March 27, 2021|website=Hunton}} after which, it will cease to be in force unless Congress has approved it and made it law. There are two requirements for a provisional measure to be used: urgency and relevance of the matter to be regulated; Provisional measures may not affect:{{Cite web|date=December 3, 2019|title=Provisional Measures: understanding the allegedly peculiar Brazilian legislative instrument|url=https://leidenlawblog.nl/articles/provisional-measures-understanding-the-allegedly-peculiar-brazilian-legislative-instrument|url-status=live|archive-url=https://web.archive.org/web/20200810112534/https://leidenlawblog.nl/articles/provisional-measures-understanding-the-allegedly-peculiar-brazilian-legislative-instrument|archive-date=August 10, 2020|access-date=March 26, 2021|website=leidenlawblog}}

• political rights
• criminal law
• organization of the Judicial branch
• the budget

• private property

In addition, provisional measures may not affect that which is reserved for complementary law, or is already included in a bill submitted to the president by the National Congress and awaiting approval.