derogada

Derogada is the feminine form of the past participle of derogar, used in legal language to indicate that a normative act has been repealed or overridden. In regulatory contexts, a norma derogada is a rule, law, decree, or regulation that no longer has legal effect because it has been repealed by a subsequent act or expressly repealed by law. The status of being derogada means that the provisions of the act in question have ceased to be binding, except as carried into new regimes or as transitional provisions.

Derogation can be total or partial. A total derogation abolishes all of the act’s provisions; a partial derogation removes or suspends only some articles. Derogation can be express, when a new law states that the previous norm is repealed, or tacita, when the new norm is incompatible with or supersedes the old one without an explicit statement.

In many jurisdictions, derogada norms are contrasted with still-in-force norms; the term is part of the broader concept of derogar and abrogar, with slight regional or doctrinal differences about scope, force, and process. The effect is to clarify what rules govern at a given time and to prevent conflicting obligations.

Ver también: Derogación, Abrogación, Revocación, Norma jurídica, Derecho.