Making Brazil Work

Making Brazil Work
Author: M. Melo
Publisher: Springer
Total Pages: 341
Release: 2013-08-20
Genre: Political Science
ISBN: 1137310847

This book offers the first conceptually rigorous analysis of the political and institutional underpinnings of Brazil's recent rise. Using Brazil as a case study in multiparty presidentialism, the authors argue that Brazil's success stems from the combination of a constitutionally strong president and a robust system of checks and balances.

The Constitution of Brazil

The Constitution of Brazil
Author: Virgílio Afonso da Silva
Publisher: Bloomsbury Publishing
Total Pages: 253
Release: 2019-05-30
Genre: Law
ISBN: 1509929673

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 Family in Bahia, Brazil, 1870-1945

The Family in Bahia, Brazil, 1870-1945
Author: Dain Edward Borges
Publisher: Stanford University Press
Total Pages: 436
Release: 1992-07
Genre:
ISBN: 0804765499

This history of the Brazilian family in the nineteenth and twentieth centuries studies the relationship between the informal institution of the family and such formal social institutions as medicine, the law, organized politics, and the church. The author focuses primarily on middle- and upper-class families (for whom adequate documentation is available) and shows the change from a patriarchal model of the family to one that was more conjugal and nuclear, a change necessitated by an insecure and urbanizing economy. Nevertheless, Bahian families maintained many traditional values and traditional kin networks. The author examines the daily life and dynamics of households, including what is known about lower-class families, where consensual arrangements were the norm. He looks at the history of the medical profession, the legal profession, and the Catholic church, and he describes the attempts of each group to mobilize the family for its own political, social and cultural ends. The author argues that family ideology - and families themselves - resisted and transformed the efforts of these institutions to impose their will. The book also deals with the changes and continuities in Bahian attitudes and beliefs about courtship, honor, and the place of women, as well as the ways in which Bahians projected a familial ethic onto social relations outside the home. Within families, conduct was governed by a belief in the traditional rituals of 'life in the family circle': weekly family dinners at the table of an older relative, residence in family compounds around an old mansion (or in several apartments of a single building), nepotism in public bureaucracies, and the management of both small and large businesses by families and their relatives. Although these patterns of family life were transformed over time, this study demonstrates that such traditions did survive, even thrive, well into the twentieth century

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.

Framing the State in Times of Transition

Framing the State in Times of Transition
Author: Laurel E. Miller
Publisher: US Institute of Peace Press
Total Pages: 737
Release: 2010
Genre: History
ISBN: 1601270550

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Constitutional Erosion in Brazil

Constitutional Erosion in Brazil
Author: Emilio Peluso Neder Meyer
Publisher: Bloomsbury Publishing
Total Pages: 334
Release: 2021-07-15
Genre: Law
ISBN: 1509941967

This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.