Avalia??o Legislativa no Brasil: apontamentos para uma nova agenda de pesquisa sobre o modo de produ??o das leis

摘要

This article aims to analyze the strengths and limitations of the legislative review process to instruct the development and review of legislative acts in Brazil . Legislative assessment is a methodology designed to analyze normative acts from the standpoint of the effects they produce in society. From this perspective, it pertains to the the evaluator to measure, with the use of interdisciplinary research tools, the efficiency, the effectiveness and the impact of laws. Accordingly, this paper is divided into four parts. At first, we analyze the social, economic and intellectual conditions which favor the development of legislative review as a fundamental methodology in the process of law production. The article then examines the legislative review with the perspective of studying “Legistics Material”. This discipline, also known as “methodical legislation” aims to provide techniques for shaping the content of the law itself; in this process the analytical tools used are of paramount relevance. The third part will present some experiences of institutionalization of legislative review where it has been officially adopted in some jurisdictions as an essential mechanism of the lawmaking process. The article concludes by highlighting an analysis of how assumptions of “Legistics Material” have been inserted in the Brazilian legal system, and how these assumptions have been applied in practice. It will be seen that the modest use of legislative review in Brazil stems from the lack of knowledge of this important tool for improving the legislative technique .