The Unwritten Brazilian Constitution

Author : Rubens Becak,Jairo Lima
Publisher : Rowman & Littlefield
Page : 285 pages
File Size : 54,8 Mb
Release : 2020-11-09
Category : Law
ISBN : 9781793623706

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The Unwritten Brazilian Constitution by Rubens Becak,Jairo Lima Pdf

The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.

Author : Brazil
Publisher : Unknown
Page : 86 pages
File Size : 44,7 Mb
Release : 1973
Category : Brazil
ISBN : UOM:39015011287649

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Constitution of Brazil, 1967 by Brazil Pdf

Author : Herman Gerlach James
Publisher : Unknown
Page : 296 pages
File Size : 52,8 Mb
Release : 1923
Category : Law
ISBN : UCAL:B3457660

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The Constitutional System of Brazil by Herman Gerlach James Pdf

Author : Virgílio Afonso da Silva
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 55,6 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509929689

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The Constitution of Brazil by Virgílio Afonso da Silva Pdf

This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.

Author : Milton Tosto
Publisher : Lexington Books
Page : 214 pages
File Size : 43,6 Mb
Release : 2005
Category : Political Science
ISBN : 0739109863

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The Meaning of Liberalism in Brazil by Milton Tosto Pdf

The Meaning of Liberalism in Brazil explores the consequences of globalization in emerging-market economies using Brazil as a case study. This well-researched and thought provoking book elaborates a new interpretation of Brazilian society by showing the relationship between political thought and economics, as well as how the two disciplines can interact, working together to shape a nation. Milton Tosto Jr. carefully traces the meaning of liberalism throughout Brazilian history, explaining liberalism's birth and collapse, and ultimately offers reasons why the new liberal institutions of Brazil have an excellent chance of prospering. Anyone interested in economics, political theory, or Latin American studies will find this unique and insightful volume helpful.

Author : Curtis A. Bradley
Publisher : Oxford Handbooks
Page : 891 pages
File Size : 45,6 Mb
Release : 2019-06-26
Category : Law
ISBN : 9780190653330

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The Oxford Handbook of Comparative Foreign Relations Law by Curtis A. Bradley Pdf

This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Author : João Andrade Neto
Publisher : Springer
Page : 340 pages
File Size : 44,7 Mb
Release : 2018-11-11
Category : Law
ISBN : 9783030022631

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Borrowing Justification for Proportionality by João Andrade Neto Pdf

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Author : Benjamin P. Bowser,Aimé Charles-Nicolas
Publisher : McFarland
Page : 308 pages
File Size : 42,7 Mb
Release : 2021-03-23
Category : Social Science
ISBN : 9781476642338

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The Psychological Legacy of Slavery by Benjamin P. Bowser,Aimé Charles-Nicolas Pdf

This collection of essays surveys the practices, behaviors, and beliefs that developed during slavery in the Western Hemisphere, and the lingering psychological consequences that continue to impact the descendants of enslaved Africans today. The psychological legacies of slavery highlighted in this volume were found independently in Brazil, the U.S., Belize, Jamaica, Colombia, Haiti, and Martinique. They are color prejudice, self and community disdain, denial of trauma, black-on-black violence, survival crime, child beating, underlying African spirituality, and use of music and dance as community psychotherapy. The effects on descendants of slave owners include a belief in white supremacy, dehumanization of self and others, gun violence, and more. Essays also offer solutions for dealing with this vast psychological legacy. Knowledge of the continuing effects of slavery has been used in psychotherapy, family, and group counseling of African slave descendants. Progress in resolving these legacies has been made as well using psychohistory, forensic psychiatry, family social histories, and community mental health. This knowledge is crucial to eventual reconciliation and resolution of the continuing legacies of slavery and the slave trade.

Author : Francesco Biagi,Justin O. Frosini,Jason Mazzone
Publisher : BRILL
Page : 392 pages
File Size : 55,7 Mb
Release : 2022-12-05
Category : Political Science
ISBN : 9789004523739

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Comparative Constitutional History by Francesco Biagi,Justin O. Frosini,Jason Mazzone Pdf

Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Author : Anonim
Publisher : Unknown
Page : 300 pages
File Size : 46,6 Mb
Release : 2006
Category : Annotations and citations (Law)
ISBN : STANFORD:36105063973023

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Guide to Foreign and International Legal Citations by Anonim Pdf

"Formerly known as the International Citation Manual"--p. xv.

Author : Joseph Smith
Publisher : University of Pittsburgh Pre
Page : 309 pages
File Size : 52,7 Mb
Release : 1991-09-15
Category : History
ISBN : 9780822976745

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Unequal Giants by Joseph Smith Pdf

In 1889 the Brazilian empire was overthrown in a military coup. The goodwill and assistance of the United States to the young republic of Brazil helped forge an alliance. But America's apparently irresistible political and economic advances into Brazil were also hampered by disagreements-over naval armaments, reciprocity arrangements, the issue of coffee valorization, and in the 1920s over Brazil's efforts to play an active role in the League of Nations at Geneva. The relationship proved to be unequal, with the United States gaining influence in Latin America, as the Brazilian elite's ambitions and vanities were fed.

Author : Richard Albert
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 48,7 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509959099

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The Architecture of Constitutional Amendments by Richard Albert Pdf

This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.

Author : John J. Crocitti,Monique Vallance
Publisher : Bloomsbury Publishing USA
Page : 816 pages
File Size : 55,8 Mb
Release : 2011-12-12
Category : Social Science
ISBN : 9780313346736

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Brazil Today [2 volumes] by John J. Crocitti,Monique Vallance Pdf

For students, business people, government officials, artists, and tourists—in short, anyone traveling to or wishing to know more about contemporary Brazil—this is an essential resource. The two-volume Brazil Today: An Encyclopedia of Life in the Republic is an introductory work intended for those in search of basic information about Brazilian institutions, businesses, social issues, and culture. At the same time, it is a work that reflects the nation's geographic, demographic, economic, and cultural diversity. The wide-reaching encyclopedia offers an entry for each Brazilian state with information about the land, climate, economy, and culture. It also offers extensive coverage of the country's political parties and leaders, its governmental and non-governmental organizations, and the environmental issues and social problems that shape Brazilian politics today. In addition, the work pays considerable attention to the economy and business through entries on industry, agriculture, commerce, banking, and economic policies. Finally, there are entries that illuminate various aspects of Brazil's culture, including the nation's social movements, religion, education, music, cuisine, and literature, as well as personalities from sports and entertainment.

Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 44,7 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781788971102

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Constitutional Idolatry and Democracy by Brian Christopher Jones Pdf

Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

Author : Hendrik Kraay
Publisher : Stanford University Press
Page : 577 pages
File Size : 49,5 Mb
Release : 2013-05-29
Category : History
ISBN : 9780804786102

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Days of National Festivity in Rio de Janeiro, Brazil, 1823–1889 by Hendrik Kraay Pdf

Official and popular celebrations marked the Brazilian empire's days of national festivity, and these civic rituals were the occasion for often intense debate about the imperial regime. Hendrik Kraay explores the patterns of commemoration in the capital of Rio de Janeiro, the meanings of the principal institutions of the constitutional monarchy established in 1822–24 (which were celebrated on days of national festivity), and the challenges to the imperial regime that took place during the festivities. While officialdom and the narrow elite sought to control civic rituals, the urban lower classes took an active part in them, although their popular festivities were not always welcomed by the elite. Days of National Festivity is the first book to provide a systematic analysis of civic ritual in a Latin American country over a long period of time—and in doing so, it offers new perspectives on the Brazilian empire, elite and popular politics, and urban culture.