The Unwritten Brazilian Constitution
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The Unwritten Brazilian Constitution
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Author : Rubens Becak
language : en
Publisher: Rowman & Littlefield
Release Date : 2020-11-09
The Unwritten Brazilian Constitution written by Rubens Becak and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-09 with Law categories.
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.
Constitution Of Brazil 1967
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Author : Brazil
language : en
Publisher:
Release Date : 1973
Constitution Of Brazil 1967 written by Brazil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Brazil categories.
The Constitution Of Brazil
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Author : Virgílio Afonso da Silva
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-30
The Constitution Of Brazil written by Virgílio Afonso da Silva and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-30 with Law categories.
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.
The Constitutional System Of Brazil
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Author : Herman Gerlach James
language : en
Publisher:
Release Date : 1923
The Constitutional System Of Brazil written by Herman Gerlach James and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1923 with Law categories.
Complete Text Of The Brazilian Constitution Of 1946
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Author : Brazil
language : en
Publisher:
Release Date : 1946
Complete Text Of The Brazilian Constitution Of 1946 written by Brazil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1946 with Brazil categories.
Genesis Of The Brazilian Constitution
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Author : Manoel Valente Figueiredo Neto
language : en
Publisher:
Release Date : 2021
Genesis Of The Brazilian Constitution written by Manoel Valente Figueiredo Neto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Constitutional history categories.
"This book The Genesis of the Brazilian Constitution analyzes Brazil's constitutional background in the context of the 1823 Constituent Assembly and the Imperial Constitution. It considers them as theaters for debates over political and legal questions concerning Brazil at the time, which, thirsting for a Constitution as a Charter of Political Objectives, discussed and formulated the ideals of what would become the first genuinely Brazilian Magna Carta. It verifies that, during this historical moment, there were in Brazil thoughts and formulations about the application of legal doctrines hitherto consecrated in other countries and how to adapt them to the Brazilian case in a rational, intentional and productive way. That author adopts a historical perspective to examine bibliographic and documentary sources. The book reveals how Brazil's historical experience contributed to the articulation of its unique constitutional thought-one capable of representing the circumstances that shaped the formulation and adaptation of the Constitution throughout time and history."--
The Meaning Of Liberalism In Brazil
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Author : Milton Tosto
language : en
Publisher: Lexington Books
Release Date : 2005
The Meaning Of Liberalism In Brazil written by Milton Tosto and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
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.
The Oxford Handbook Of Comparative Foreign Relations Law
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Author : Curtis A. Bradley
language : en
Publisher: Oxford Handbooks
Release Date : 2019-06-26
The Oxford Handbook Of Comparative Foreign Relations Law written by Curtis A. Bradley and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-26 with Law categories.
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.
Borrowing Justification For Proportionality
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Author : João Andrade Neto
language : en
Publisher: Springer
Release Date : 2018-11-11
Borrowing Justification For Proportionality written by João Andrade Neto and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-11 with Law categories.
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.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy 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 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.