A plebiscite is when a story is presented for popular consultation before Congress drafts a bill.
The referendum is when the bill has already been created by the government and then approval or rejection by citizens is required.
| Plebiscite | Referendum | |
| Definition | Popular consultation carried out before Congress drafted a bill on the matter, leaving the citizens to debate and decide on a specific subject. | Popular consultation held after Congress drafted a bill on the matter, leaving the population to ratify / sanction or reject the measure. |
| Examples | · 1963 plebiscite to define Brazil’s political system, under parliamentarism since 1961. On that occasion, Brazilians decided to resume presidentialism;
· 1993 referendum to decide on the Brazilian government system, in which citizens decided between monarchy and republic, presidentialism and parliamentarism. |
· 2005 referendum to decide on the inclusion of an article in the Disarmament Statute, which discussed the issue of the commercialization of firearms and ammunition in Brazil;
· Referendum on the UK’s permanence in the European Union in 2016, which decided on Brexit and started the process of separating the country from the European economic bloc. |
In the plebiscite, the law has not yet been created, being just a concept or idea to be presented for consultation. In this sense, citizens can approve or reject a bill before it is even created.
For the referendum, Congress has already drafted the law and consultation will be based on the project’s legislation. Thus, it is up to the population to accept or reject the measure. If rejected, it will be archived; if approved, it will follow the procedures for the creation of the new law.
What is a plebiscite?
The word “plebiscite” comes from the Latin plebiscitu , literally “decree of the plebs”. In this sense, at the origin of the word, it would be an order or action of the commoners. The word does not completely lose its original meaning, as it refers to the decisions made by the people.
Currently, a plebiscite can only be called by Congress when popular consultation on a certain subject or idea is necessary.
It is a consultation prior to the drafting of the legislative or administrative act (draft law). Therefore, it is an opportunity for citizens to express their point of view.
Example
In 1993, there was a plebiscite in Brazil that asked citizens if Brazil should adopt the monarchy or the republic. It was also consulted whether the country should adopt presidentialism or parliamentarism.
As can be deduced, in this plebiscite it was decided that Brazil would continue to be a presidential republic.
What is a referendum?
The word also comes from Latin, originating in referendum . In a referendum, the population must use their right to vote to ratify (or “sanction”) a bill already drafted by Congress.
In Brazil, a nationwide referendum can only be called if it has been officially requested by the Senate or the Chamber of Deputies.
Example
In 2005, Brazilians voted on the sale of firearms and ammunition. At the time, citizens had to decide whether Article 35 should be included in the Disarmament Statute.
The text said:
” Art. 35 – The sale of firearms and ammunition is prohibited throughout the national territory, except for the entities provided for in art. 6th of this Law ”.
In the referendum, Brazilians had to answer the question: “Should the trade in firearms and ammunition be prohibited in Brazil?” The “no” was the winner of the issue, with almost 64% of the votes.
Thus, arms sales continued in the country.
Constitution
Both the plebiscite and the referendum are measures contained in the Brazilian Constitution. The text on these rights affirms popular sovereignty, which would be expressed through a plebiscite, referendum or popular initiative.
The text says:
“ Popular sovereignty will be exercised by universal suffrage and by direct and secret vote, with equal value for all, and, under the terms of the law, through: I – plebiscite; II – referendum; III – popular initiative “.
Therefore, it is agreed that, in necessary cases, citizens will be summoned to give their opinion and, with this, produce effects on the legislation of the state or country. This is because the plebiscite and the referendum can be of local or national scope.
Popular initiative
Despite not being a form of consultation, the popular initiative is a citizen’s right. It allows them to express their wishes for the government.
In this sense, a group of people can draft a bill that they would like to see approved in Congress.
In order to reach parliamentarians and, perhaps, to vote, several requirements are taken into account. The bill, for example, must be signed by at least 1% of the country’s total voters.
Subscriptions must come from at least five states. Each state must have a minimum of 0.03% of the number of voters signatory to the project.
