Enquadramento Jur Dico Constitucional Da Pris O Preventiva
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Enquadramento Jur Dico Constitucional Da Pris O Preventiva
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Author : Paulo Maycon Costa da Silva
language : pt-BR
Publisher: Editora Dialética
Release Date : 2023-03-01
Enquadramento Jur Dico Constitucional Da Pris O Preventiva written by Paulo Maycon Costa da Silva and has been published by Editora Dialética this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-01 with Law categories.
No Estado de direito democrático, o processo penal objetiva promover a descoberta da verdade material e a realização da justiça, proteger os direitos individuais e restaurar a paz jurídica da comunidade. Numa palavra: proteger a sociedade e o indivíduo contra quem pesa uma imputação é finalidade de equivalente importância numa democracia. A prisão preventiva é uma medida de coação típica do processo penal. Para não violar a Verbot der Wirkungsgleichheit (proibição dos efeitos semelhantes), impõe-se a observação dos seus princípios jurídico-constitucionais e dos seus princípios de aplicação. A prisão preventiva só terá lugar à vista de exigências processuais de natureza cautelar, de tal modo que sua aplicação otimize e harmonize as finalidades do processo penal, por intermédio de uma concordância prática, ainda que tais propósitos sejam contrastantes. Então, para haver um equilíbrio entre tais finalidades, nomeadamente em relação à prisão preventiva, ela deve ser imposta à luz dos princípios da presunção de inocência, da excepcionalidade, da limitação temporal e do contraditório; com base nos princípios da necessidade, da adequação, da proporcionalidade, da subsidiariedade e da precariedade, somados ao respeito, na sua execução, do estatuto jurídico do preso preventivamente.
On Constitutional Disobedience
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Author : Louis Michael Seidman
language : en
Publisher: Oxford University Press
Release Date : 2012
On Constitutional Disobedience written by Louis Michael Seidman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
Taking The Constitution Away From The Courts
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Author : Mark Tushnet
language : en
Publisher: Princeton University Press
Release Date : 2000-07-24
Taking The Constitution Away From The Courts written by Mark Tushnet and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-24 with Law categories.
Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.
The Politics Of Sentencing Reform
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Author : Christopher M. V. Clarkson
language : en
Publisher: Oxford University Press on Demand
Release Date : 1995
The Politics Of Sentencing Reform written by Christopher M. V. Clarkson and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with History categories.
Essays prepared for the Colston International Sentencing Symposium held Apr. 5-7, 1993 at Bristol University.
Polyarchies And The Un Rule Of Law In Latin America
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Author : Guillermo A. O'Donnell
language : en
Publisher:
Release Date : 1998
Polyarchies And The Un Rule Of Law In Latin America written by Guillermo A. O'Donnell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Democracy categories.
Modern Political Economy
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Author : Jeffrey S. Banks
language : en
Publisher: Cambridge University Press
Release Date : 1995-08-25
Modern Political Economy written by Jeffrey S. Banks and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-08-25 with Business & Economics categories.
Political economy has been an essential realm of inquiry and has attracted myriad intellectual adherents for much of the period of modern scholarship. The discipline's formal split into the distinct studies of political science and economics in the nineteenth-century, while advantageous for certain scientific developments, has biased the way economists and political scientists think about many issues, and has placed artificial constraints on the study of many important social issues. This volume calls for a reaffirmation of the importance of the unified study of political economy, and explores the frontiers of the interaction between politics and markets. This volume brings together intellectual leaders of various areas, drawing upon state-of-the-art theoretical and empirical analysis from each of the underlying disciplines. Each chapter, while beginning with a survey of existing work, focuses on profitable lines of inquiry for future developments. Particular attention is devoted to fields of active current development.
The Invisible Constitution
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Author : Laurence H. Tribe
language : en
Publisher: Oxford University Press
Release Date : 2008-09-17
The Invisible Constitution written by Laurence H. Tribe and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-17 with Law categories.
As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
European Criminal Law
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Author : André Klip
language : en
Publisher:
Release Date : 2012
European Criminal Law written by André Klip and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Criminal law categories.
European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.
Extradition Law
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Author : Miguel João Costa
language : en
Publisher:
Release Date : 2020
Extradition Law written by Miguel João Costa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Extradition categories.
This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States' criminal justice idiosyncrasies.
The Politics Of Military Rule In Brazil 1964 85
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Author : Thomas E. Skidmore
language : en
Publisher: Oxford University Press, USA
Release Date : 1988
The Politics Of Military Rule In Brazil 1964 85 written by Thomas E. Skidmore and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Business & Economics categories.
In this authoritative study, Thomas E. Skidmore, one of America's leading experts on Latin America and, in particular, on Brazil, offers the first analysis of more than two decades of military rule, from the overthrow of João Goulart in 1964, to the return of democratic civilian government in 1985 with the presidency of José Sarney.