The 1988 Brazilian Constitution

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The Unwritten Brazilian Constitution

Author : Rubens Becak
Publisher : Rowman & Littlefield
ISBN 13 : 1793623708
Total Pages : 285 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Unwritten Brazilian Constitution by : Rubens Becak

Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Constitution of Brazil

Author : Virgílio Afonso da Silva
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929673
Total Pages : 242 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of Brazil by : Virgílio Afonso da Silva

Download or read book The Constitution of Brazil written by Virgílio Afonso da Silva and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Making Brazil Work

Author : M. Melo
Publisher : Springer
ISBN 13 : 1137310847
Total Pages : 341 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Making Brazil Work by : M. Melo

Download or read book Making Brazil Work written by M. Melo and published by Springer. This book was released on 2013-08-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 1988 Brazilian Constitution

Author : Russell E. Smith
Publisher :
ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis The 1988 Brazilian Constitution by : Russell E. Smith

Download or read book The 1988 Brazilian Constitution written by Russell E. Smith and published by . This book was released on 1995 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Report on the Situation of Human Rights in Brazil

Author : Inter-American Commission on Human Rights
Publisher : General Secretariat Organization of American States
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Report on the Situation of Human Rights in Brazil by : Inter-American Commission on Human Rights

Download or read book Report on the Situation of Human Rights in Brazil written by Inter-American Commission on Human Rights and published by General Secretariat Organization of American States. This book was released on 1997 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: D. THE INDIGENOUS LANDS

Comparative Constitutional Reasoning

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Erosion in Brazil

Author : Emilio Peluso Neder Meyer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942602
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Erosion in Brazil by : Emilio Peluso Neder Meyer

Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Civil-Military Relations in Lebanon

Author : Are John Knudsen
Publisher : Springer
ISBN 13 : 3319551671
Total Pages : 155 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Civil-Military Relations in Lebanon by : Are John Knudsen

Download or read book Civil-Military Relations in Lebanon written by Are John Knudsen and published by Springer. This book was released on 2017-08-31 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines Lebanon’s post-2011 security dilemmas and the tenuous civil-military relations. The Syrian civil war has strained the Lebanese Armed Forces’ (LAF) cohesion and threatens its neutrality – its most valued assets in a divided society. The spill-over from the Syrian civil war and Hezbollah’s military engagement has magnified the security challenges facing the Army, making it a target. Massive foreign grants have sought to strengthen its military capability, stabilize the country and contain the Syria crisis. However, as this volume demonstrates, the real weakness of the LAF is not its lack of sophisticated armoury, but the fragile civil–military relations that compromise its fighting power, cripple its neutrality and expose it to accusations of partisanship and political bias. This testifies to both the importance of and the challenges facing multi-confessional armies in deeply divided countries.

Assistance Benefits in Brazil

Author : Marco Aurélio Serau Junior
Publisher : Springer
ISBN 13 : 331927046X
Total Pages : 179 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Assistance Benefits in Brazil by : Marco Aurélio Serau Junior

Download or read book Assistance Benefits in Brazil written by Marco Aurélio Serau Junior and published by Springer. This book was released on 2016-03-11 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

Making Law Matter

Author : Lesley McAllister
Publisher : Stanford University Press
ISBN 13 : 0804758239
Total Pages : 288 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Making Law Matter by : Lesley McAllister

Download or read book Making Law Matter written by Lesley McAllister and published by Stanford University Press. This book was released on 2008-05-30 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.

Comparative Constitutional Law

Author : Charles D. Cole
Publisher : Vandeplas Pub.
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Comparative Constitutional Law by : Charles D. Cole

Download or read book Comparative Constitutional Law written by Charles D. Cole and published by Vandeplas Pub.. This book was released on 2008 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication includes constitutional concepts and materials applicable to the United States and Brazil. Introductory information concerning the two governmental systems is offered and comparative constitutional concepts are included in sufficient detail and citation to provide researchers, legal practitioners, students and teachers with a concise source to aid in understanding both the similarities and differences in the constitutional cultures of the two countries. An English translation of the 1988 Constitution of Brazil, with amendments, is included.

Constitution of the Federative Republic of Brazil 1988

Author : Brazil
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (892 download)

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Book Synopsis Constitution of the Federative Republic of Brazil 1988 by : Brazil

Download or read book Constitution of the Federative Republic of Brazil 1988 written by Brazil and published by . This book was released on 1990 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Afro-Latin American Studies

Author : Alejandro de la Fuente
Publisher : Cambridge University Press
ISBN 13 : 1316832325
Total Pages : 663 pages
Book Rating : 4.3/5 (168 download)

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Book Synopsis Afro-Latin American Studies by : Alejandro de la Fuente

Download or read book Afro-Latin American Studies written by Alejandro de la Fuente and published by Cambridge University Press. This book was released on 2018-04-26 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alejandro de la Fuente and George Reid Andrews offer the first systematic, book-length survey of humanities and social science scholarship on the exciting field of Afro-Latin American studies. Organized by topic, these essays synthesize and present the current state of knowledge on a broad variety of topics, including Afro-Latin American music, religions, literature, art history, political thought, social movements, legal history, environmental history, and ideologies of racial inclusion. This volume connects the region's long history of slavery to the major political, social, cultural, and economic developments of the last two centuries. Written by leading scholars in each of those topics, the volume provides an introduction to the field of Afro-Latin American studies that is not available from any other source and reflects the disciplinary and thematic richness of this emerging field.

Constitution of Brazil, 1967

Author : Brazil
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Constitution of Brazil, 1967 by : Brazil

Download or read book Constitution of Brazil, 1967 written by Brazil and published by . This book was released on 1973 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

In Spite of You

Author : Conor Foley
Publisher : OR Books
ISBN 13 : 168219213X
Total Pages : 180 pages
Book Rating : 4.6/5 (821 download)

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Book Synopsis In Spite of You by : Conor Foley

Download or read book In Spite of You written by Conor Foley and published by OR Books. This book was released on 2019-06-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 2018 Brazilians elected Jair Bolsonaro as their new president. A former army officer who served under the military dictatorship, Bolsonaro has spent his political career campaigning against democracy and human rights. His notoriety comes from his repeated racist, sexist and homophobic statements and his defense of torture, extra-judicial executions and impunity for Brazil´s security forces. Bolsonaro is sometimes described as a “Tropical Trump.” But this wording greatly underestimates the threat that he poses to Brazil´s still young and fragile democratic institutions. In Spite of You brings together voices of the new Brazilian resistance. It includes chapters by Dilma Rousseff, former president of Brazil, political prisoner and torture survivor; Fernando Haddad, former minister for education and mayor of São Paulo, who was defeated by Bolsonaro in the 2018 election; and Eugenio Aragão, former minister for justice in President Dilma´s last government. It also gives a voice to feminists, environmentalists, land rights activists and human rights defenders, explaining the background to Bolsonaro´s election and setting out a manifesto for reviving democracy in Brazil. Contributors: Eugenio Aragão, Rubens Casara, Sérgio Costa, Vanessa Maria de Castro, Fabio de Sá e Silva, Michelle Morais de Sá e Silva, Paulo Esteves, Conor Foley, Gláucia Foley, Fernando Haddad, Monica Herz, Fiona Macaulay, Renata Motta, Dilma Rousseff and Márcia Tiburi. Conor Foley is a Visiting Professor at the Pontifical Catholic University of Rio de Janeiro and has worked on legal reform, human rights and protection issues in over thirty conflict zones. His previous books include, Protecting Brazilians Against Torture, Another System Is Possible and The Thin Blue Line.

Concurrent Powers in Federal Systems

Author : Nico Steytler
Publisher : BRILL
ISBN 13 : 9004337571
Total Pages : 378 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Concurrent Powers in Federal Systems by : Nico Steytler

Download or read book Concurrent Powers in Federal Systems written by Nico Steytler and published by BRILL. This book was released on 2017-01-10 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concurrency of powers is a key to governance in most federal systems. This volume, Concurrent Powers in Federal Systems: Meaning, Making and Managing, is the first to examine from a comparative perspective its various manifestations, reasons for emergence, and management strategies.

Criminal Law-Making

Author : José Becerra
Publisher : Springer Nature
ISBN 13 : 3030713482
Total Pages : 233 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Criminal Law-Making by : José Becerra

Download or read book Criminal Law-Making written by José Becerra and published by Springer Nature. This book was released on 2021-05-29 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to contribute to the consolidation of the new approach to lawmaking that has taken place in the last 20 years in legal philosophy and legal theory, spreading to other legal fields, especially criminal law. This new legislation science focusing on criminal problems has triggered a growing interest in the field, a dynamic which has led to a long-needed convergence of disciplines such as administrative law, criminal law, criminology, political science, sociology and, of course, legal philosophy to contribute to a more rational decision-making process for the construct of criminal laws. With the intention to continue on with the building of a solid “Criminal Legislation Science”, this work presents scholars, lawmakers and students various emblematic approaches to enrich the discussion about different and promising tools and theoretical frameworks.