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Decreto vs. Portaria

English translation: ministerial directive / directive

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:portaria
English translation:ministerial directive / directive
Entered by: Muriel Vasconcellos

01:00 Aug 2, 2006
Portuguese to English translations [PRO]
Law/Patents - Government / Politics / Brazilian law
Portuguese term or phrase: Decreto vs. Portaria
Of course, "Decreto" is "Decree." Can anyone explain to me how the Portaria differs?

A partir de 2003, o órgão gestor do SIM passou a ser a Secretaria de Vigilância em Saúde (SVS) criada pelo **Decreto Nº 476 de 9 de junho de 2003 (Portaria Nº 1929/GM em 9 de outubro de 2003**, publicada no D.O.U. Nº 197 de 10 de outubro de 2003, Seção I, página 57) (Anexo 1).
Muriel Vasconcellos
United States
Local time: 23:09
decree vs. ministerial directive / directive
Explanation:
Hi, Muriel! This is what I have in my personal glossary, based on the definition provided years ago by the law firm where I worked in SP:
Portaria: a written ruling through which the cabinet ministers regulate the activities of their ministries. Used to promulgate regulations needed to complement or clarify some aspect of a law or decree-law. It has very nearly the force of law.

Some prefer to translate it as “order” but one of my expert colleagues said this should be avoided, at least in American English, so as to preclude any possible confusion with a U.S. government "executive order," which affects ONLY actions taken within the federal (or state) executive branch of government, and so is significantly different from a "Portaria

This is certainly one of the terms that is rendered in many different ways, which is why at first occurrence it might be best to follow the translation with the Portuguese in parentheses, in italics, in case the reader actually has to find this piece of "legislation" in a database somewhere.
Selected response from:

Donna Sandin
United States
Local time: 02:09
Grading comment
Thank you so much, Donna! This is precisely the kind of answer I was hoping for! I know you have extensive experience in this area.
4 KudoZ points were awarded for this answer



Summary of answers provided
5decree v ordinance
Aoife Kennedy
4decree (statute, order, writ) vs. adminstrative ruling (rule)
Michael Powers (PhD)
4Decree v. Administrative Rule
Ben Kohn
4decree vs. ministerial directive / directive
Donna Sandin


  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
decree (statute, order, writ) vs. adminstrative ruling (rule)


Explanation:
Mike :)

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Note added at 14 mins (2006-08-02 01:14:47 GMT)
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Noronha. Dicionário jurídico.

Michael Powers (PhD)
United States
Local time: 02:09
Specializes in field
Native speaker of: English
PRO pts in category: 53
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Decree v. Administrative Rule


Explanation:
While a Decree is an act or statute issued for the public as a whole, a Portaria (normative rule) is an internal act issued by a public body for those who work there to follow.


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Note added at 16 mins (2006-08-02 01:17:35 GMT)
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correction: administrative rule (not normative)!

Ben Kohn
United Kingdom
Works in field
Native speaker of: Native in EnglishEnglish
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7 hrs   confidence: Answerer confidence 5/5
decree v ordinance


Explanation:
"Subject Law - Legislation - Jurisprudence (JU)



Definition acto publicado pelo governo mediante a autorização do Parlamento em assuntos que pertencem ao âmbito da lei

Reference EUROVOC,Edição 2,1987
(1)
TERM portaria

Reference EUROVOC,Edição 2,1987


Definition order issued by the government with parliamentary authorization in execution of laws

Reference EUROVOC,Edition 2,1987
(1)
TERM ordinance

Reference EUROVOC,Edition 2,1987 "




    Reference: http://europa.eu.int/eurodicautom/Controller
Aoife Kennedy
United Kingdom
Local time: 07:09
Native speaker of: English
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
decree vs. ministerial directive / directive


Explanation:
Hi, Muriel! This is what I have in my personal glossary, based on the definition provided years ago by the law firm where I worked in SP:
Portaria: a written ruling through which the cabinet ministers regulate the activities of their ministries. Used to promulgate regulations needed to complement or clarify some aspect of a law or decree-law. It has very nearly the force of law.

Some prefer to translate it as “order” but one of my expert colleagues said this should be avoided, at least in American English, so as to preclude any possible confusion with a U.S. government "executive order," which affects ONLY actions taken within the federal (or state) executive branch of government, and so is significantly different from a "Portaria

This is certainly one of the terms that is rendered in many different ways, which is why at first occurrence it might be best to follow the translation with the Portuguese in parentheses, in italics, in case the reader actually has to find this piece of "legislation" in a database somewhere.

Donna Sandin
United States
Local time: 02:09
Specializes in field
Native speaker of: English
PRO pts in category: 24
Grading comment
Thank you so much, Donna! This is precisely the kind of answer I was hoping for! I know you have extensive experience in this area.
Login to enter a peer comment (or grade)



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