Beiträge zur Rechtsgeschichte Österreichs 2 / 2013, pp. 520-527, 2014/01/30
recht [durch] setzen - Making Things Legal.
Gesetzgebung und prozessuale Wirklichkeit in den europäischen Rechtstraditionen
This paper aims to study the experience of the criminal reforms carried out by the Italian fascist (1922/1943) and the Brazilian Estado Novo (1937/1945) authoritarian regimes by means of legislative delegation, procedure in which state authority achieves greater strength. The edition of such codes serves as a strategy to legitimize the regime by strengthening the government's authority imposing obedience of the new laws established by it. The analysis will examine the constitutional legality and legitimacy for the Parliament’s dismissal in the procedures. In Italy, the Parliament itself has abdicated its competence by a delegation of powers to the government; in Brazil, the 1937 coup d’État imposed a new constitution in which the parliament became inactive, leaving the legislative competence fully to the Executive.
