«The government may yet approve the new value of the national minimum wage," says José Luís Moreira da Silva, a Partner at SRS Legal.
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If this happens, the country will be left with a day-to-day government, which has limited powers. "The government will be limited to carrying out acts that are strictly necessary to ensure the management of public affairs," explains constitutionalist José Luís Moreira da Silva.
Even so, the definition of what are necessary acts has been the subject of various interpretations and rulings by the Constitutional Court, admits the lawyer. "What has emerged from political practice and the Constitutional Court's interpretations is that the caretaker government is not prevented from passing laws, but is restricted to situations of necessity, in other words, situations that would be jeopardised if they were left only after elections for the new government," he explains.
So, even though the government's powers are limited, both José Luís Moreira da Silva and Jorge Pereira da Silva believe that the increase in the minimum wage could go ahead, not least because it only depends on the publication of a decree-law and doesn't need to go to Parliament to receive a "yes" vote from the MPs.»