Decree

Article

July 1, 2022

Decree refers to an authority on the matter in which it has jurisdiction. It is a type of administrative act emanated by the executive and legislative power that, generally, has a normative regulatory content, for which its rank is hierarchically inferior to the laws.

Regulation by countries

Argentine Republic

In the Argentine Republic, both in the federal and provincial order and in that of the autonomous city (of Buenos Aires), in case they require it, as well as the acts of administration, they are produced by the Executive through decrees. The decrees are promulgated by the president, governor (in the provinces) or head of government (in the Autonomous City), with the signature of the minister of the branch (sometimes, in a general agreement of ministers, when the matter is the responsibility of several portfolios). When the National Congress, Provincial Congress or Legislature of the Autonomous City is in recess, and in other exceptional circumstances, the Executive can take legislative prerogatives through Decrees of necessity and urgency (equivalent to a decree law), which must be subsequently ratified by the Legislative. Regular acts of administration, for which a decree is not specifically required, are regulated by resolutions. These are issued by the ministries and the rest of the state institutions. The decrees that the president can issue according to his powers are regulated in the National Constitution, they are norms that the president of the Nation can issue to regulate everything that has to do with the administrative organization of the country, as provided in art. 99 of the National Constitution.

Brazil

Decrees are administrative acts within the competence of the heads of the executive powers (president, governors and mayors). Generally, the president uses a decree to make appointments and regulations of laws (such as to enforce them effectively, for example), among other things. The decree has regulatory or compliance effects, issued based on article 84, IV of the Federal Constitution, for the faithful application of the law, that is, the decree details the law. Not being able to go against or beyond the law. There are also legislative decrees, which are acts approved by the plenary session of the legislatures, federal, state and municipal, on matters of their exclusive competence that have external effects on them. Legislative decrees authorize the ratification of an international treaty or the obtaining, by states and municipalities, of international loans.

Chile

The decrees issued by the President of the Republic with the signature(s) of the respective Ministers of State are: The Decree or Supreme Decree is a written order of the President of the Republic that, issued within the sphere of his competence, bears the signature of the respective Minister(s) of State and is subject to special processing. Its formation procedure includes the following stages: declaration of will by the President of the Republic, taking of reason before the Comptroller General of the Republic and its notification or publication, as the case may be. Exceptionally, decrees and instructions may be issued with the sole signature of the respective minister, by "order of the President of the Republic", in accordance with the procedure established by law. The Decree of immediate application is the one in which the taking of reason is postponed until after its entry into force, as the only way that the measures it orders can be carried out, for reasons of good service. The Exempt Decree is that supreme decree that is not subject to the control process by the Comptroller General of the Republic, by express provision of the law or by resolution of the Comptroller General that exempts it from the process. The Decree of insistence very infrequent in its use and scope, is the one issued by the President of the Republic