Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados
On June 29, Act 71/2020 was published, signed by Senator Davi Alcolumbre, President of the National Congress. The Act extends Provisional Measure No. 959, of April 29, 2020 (“MP 959”), which, in addition to establishing the operationalization of the payment of the Emergency Benefit and the monthly emergency benefit, extended the validity of Law No. 13,709, known as the LGPD. MP 959 was then extended for sixty days.
According to article 62 of the Federal Constitution, if a provisional measure is not examined within forty-five days of its publication, it will be put on an urgent basis and will be blocked from the agenda of the House where it is being processed, and will also lose its effectiveness “if it is not converted into law within sixty days, extendable once for the same period”.
Thus, with the extension published, Congress gains more time to vote on the measure before it loses its validity.
In the specific case of Provisional Measure 959, if it is not converted into law by Congress and then loses its effectiveness, art. 65 of the LGPD, which provided for its entry into force on August 16, 2020, comes back into force.
It is important to note, however, that Law 14.010/2020, published recently (see here for information on the Law) has already extended the validity of the articles of the LGPD that deal with administrative sanctions by the ANPD to August 2021.
