Abstract

The purpose of this article is to study the formal aspect of the Constitutional Amendment n. 106/2020 not analyzed by STF. Among the measures to fight Covid-19 Pandemic, the Constitutional Amendment n. 106/2020 was proclaimed. Through this rule, an extraordinary fiscal, financial and contracting regime was authorized. The normative species that was conveyed presents an intriguing feature: it is a constitutional amendment that does not amend anything. The Constitutional Amendment n. 106/2020 does not amend the Constitution itself, nor the Transitory Constitutional Provisions Act, and it acts as autonomous legislation. From this perspective and based on the doctrine of constitutional law, the text raises some hypotheses for such an option, generally and specifically, finally suggesting hypotheses of unconstitutionality, such as the abuse of Legislative Power.

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