Politics and Institutions of Latin America

Brazil bans nuclear technology exports to Iran

January 29, 2008 · 1 Comment

http://www.reuters.com/article/newsOne/idUSN2246206020070222

According to recent events reported in this Reuters article, Lula has exercised his decree power to stop any commerce that has Iran and nuclear in the same sentence. So what does this mean? A common argument in regards to presidential systems is how there is this deadlock between the different branches, or checks, that really makes policy enactment difficult. Yet the power of presidential decree in Brazil changes the whole game. By alleviating the gridlock of a presidential system, presidential decrees can speed up the policy making process, and therefore be a great help in moving a country forward.

From Mainwaring and Shugart’s Presidentialism and Democracy in Latin America: Rethinking the Terms of the Debate, we see that there is “tremendous variation in presidents’ legislative powers” and that “proactive powers” are one way a president can form a new status quo, whether it be in regards to foreign policy or commanding the armed forces. In Brazil, the presidential decrees have provisional measures that lose efficacy if the Congress does not approve them within 30 days. Even though there are provisional measures, the president can use the decrees strategically to shape legislation in several ways which is brought up in the Mainwaring and Shugart chapter previously referenced: First, the presidential decree is immediately the law and therefore this is said to be “changing the status quo.” Secondly, the president can flood Congress with decrees so that they are unable to keep up with adequate consideration of each one. Lastly, that the president can emit a decree on an issue which congress is on the fence about, ultimately getting approval since there is no congressional majority for or against the decree. Therefore, not all presidential systems are the same when it comes to gridlock, especially when presidential decree is a normal method of operation for the president. In this example, Lula wants to cut off any transactions with Iran, whether preempted by the UN or not. It could be said that due to the nature of this issue, there wouldn’t be much of an opposition. But still, in comparing a presidential system which utilizes presidential decree and one that does not, the policy environment varies.

Categories: Brazil Update

1 response so far ↓

  • monicapachon // January 29, 2008 at 7:36 pm

    As we will see – presidential decree is a powerful tool -. In Brazil, decrees are the default method of enacting legislation. Nonetheless, the change from implicit approval (no requirement of a vote in Congress) to explicit approval makes a difference in the amount of decrees that are rejected, in the possibilities of legislators to influence policy.

You must be logged in to post a comment.