Direito, desenvolvimento e transformações institucionais: como o Congresso Nacional regulou a Comissão Mista de Orçamento entre 1988 e 2015?
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2017-04-12
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Cunha, Luciana Gross
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When the new Brazilian Constitution of 1988 was ratified, the National Congress regained several of its prerogatives related to the budgetary process that had been limited during the previous regime (of 1969). One, in particular, was the restauration of the legislative power to modify the budget laws through the adoption of amendments on the original bill, offering congressmen the ability to increase or to create new expenditures for the Federal Government. This arrangement was similar to the system that prevailed under the Constitution of 1946, but with a series of new restrictions that did not exist at that time. The main distinctive feature was the promotion of a unicameral procedure for the approval of budgetary laws, convened through a permanent joint committee specifically dedicated to this purpose – the Joint Budget Committee (Comissão Mista de Orçamento or CMO). This body, considered one of the most powerful in the Brazilian National Congress, accumulates attributes regarding the examination of the budget laws, of the amendments presented to those bills during the approval phase, and also for the control phase of the budget cycle. However, despite its relevance, the legal literature has dedicated little attention to the study of the CMO and its regulation, which is mostly established by the congressmen themselves through internal rules. With this perception in mind, the present research aims to study the so-called Joint Resolutions of the National Congress, approved between 1988 and 2015, which, through the legal framework created for the CMO, regulated the legislative role in the approval phase of the budget laws in Brazil. In this sense, the research seeks to answer three questions: (1) What is the content of the provisions in the Federal Constitution of 1988 that determine the powers and responsibilities of the Joint Budget Committee? (2) What were the procedural provisions governing the operation of the Joint Budget Committee between 1988 and 2015? (3) Which of these regimental regulations could make the process more "rational" and in what way would they do it? In order to deal with these issues, the work intends to describe the institutional transformations of the Committee through the methodological strategy of a case study, articulating the regulation created during this period with the context that involved its elaboration. Moreover, the thesis intends to contribute to the literature that studies the relationship between Law and Development, as it seeks to provide a deeper understanding of some of the budgetary institutions in Brazil – a subject of great relevance to the national development process.