The Constitution of Brazil

The Constitution of Brazil
Author: Virgílio Afonso da Silva
Publisher: Bloomsbury Publishing
Total Pages: 291
Release: 2019-05-30
Genre: Law
ISBN: 1509929681

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.

Latin America and the Caribbean

Latin America and the Caribbean
Author: Stojan Albert Bayitch
Publisher: Coral Gables, Fla : University of Miami Press
Total Pages: 988
Release: 1967
Genre: Latin America
ISBN:

A new, expanded version of the [author's Latin America : a bibliographical guide to economy, history, law, politics, and society]

Comparative Constitutional Reasoning

Comparative Constitutional Reasoning
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 867
Release: 2017-04-27
Genre: Law
ISBN: 1108138616

To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

The Human Rights of Aliens under International and Comparative Law

The Human Rights of Aliens under International and Comparative Law
Author: Carmen Tiburcio
Publisher: BRILL
Total Pages: 348
Release: 2021-10-18
Genre: Law
ISBN: 9004478523

This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.

Symbolic Constitutionalization

Symbolic Constitutionalization
Author: Marcelo Neves
Publisher: Oxford University Press
Total Pages: 193
Release: 2022-01-02
Genre: Constitutional law
ISBN: 0192857142

The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.

The Unwritten Brazilian Constitution

The Unwritten Brazilian Constitution
Author: Rubens Becak
Publisher: Rowman & Littlefield
Total Pages: 285
Release: 2020-11-09
Genre: Law
ISBN: 1793623708

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.

Latin America

Latin America
Author: Stojan Albert Bayitch
Publisher:
Total Pages: 360
Release: 1961
Genre: Latin America
ISBN:

Comparative Constitutional Law

Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 681
Release: 2011-01-01
Genre: Law
ISBN: 0857931210

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

The Churches and Democracy in Brazil

The Churches and Democracy in Brazil
Author: Rudolf von Sinner
Publisher: Wipf and Stock Publishers
Total Pages: 406
Release: 2012-05-04
Genre: Religion
ISBN: 160899385X

Brazil is a rapidly emerging country. Brazilian theology, namely the Theology of Liberation, has become well known in the 1970s and 1980s. The politically active Base Ecclesial Communities and the progressive posture of the Roman Catholic Church contrasted with a steadily growing number of evangelicals, mostly aligned with the military regime but attractive precisely to the poor. After democratic transition in the mid-1980s, the context changed considerably. Democracy, growing religious pluralism and mobility, a vibrant civil society, the political ascension of the Worker's Party and growing wealth, albeit within a continuously wide social gap, are some of the elements that show the need of a new approach to theology. It must be a theology that is both critical and constructive, resisting and cooperative, a theology that is able to give orientation to the churches, valuing and encouraging their contribution in society while avoiding attempts of imposition. The Churches and Democracy in Brazil, the fruit of years of interdisciplinary study of the Brazilian context and its main churches and theology, makes its case for an ecumenically articulated public theology. It seeks inspiration mainly in Luther and Lutheran theology, emphasizing human dignity, freedom, trust, the disposition to serve, and the ability to endure the ambiguities of reality, as well as a fresh interpretation of the doctrine of the two regiments. These are the fundamental elements of what makes human beings full members of the body politic: citizenship, their right to have rights and to be able to effectively live them, together with their corresponding duties, in a move of growing political participation conscious of their religious motivation in view of the commonweal.