JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional PDF Download

Author: Renata Furtado de Barros
Publisher: Lulu.com
ISBN: 1300495987
Category : Law
Languages : en
Pages : 501

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Book Description
A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.

Author: Giuseppe Franco Ferrari
Publisher: BRILL
ISBN: 9004297596
Category : Law
Languages : en
Pages : 915

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Book Description
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

Author: Alessandro Naso
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 1614519102
Category : History
Languages : en
Pages : 2173

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Book Description
This handbook has two purposes: it is intended (1) as a handbook of Etruscology or Etruscan Studies, offering a state-of-the-art and comprehensive overview of the history of the discipline and its development, and (2) it serves as an authoritative reference work representing the current state of knowledge on Etruscan civilization. The organization of the volume reflects this dual purpose. The first part of the volume is dedicated to methodology and leading themes in current research, organized thematically, whereas the second part offers a diachronic account of Etruscan history, culture, religion, art & archaeology, and social and political relations and structures, as well as a systematic treatment of the topography of the Etruscan civilization and sphere of influence. 

Author: Edvaldo Moita
Publisher: Bloomsbury Publishing
ISBN: 1509966269
Category : Law
Languages : en
Pages : 195

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Book Description
Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).

Author: Enrique Peruzzotti
Publisher: University of Pittsburgh Pre
ISBN: 0822972883
Category : Political Science
Languages : en
Pages : 377

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Book Description
Reports of scandal and corruption have led to the downfall of numerous political leaders in Latin America in recent years. What conditions have developed that allow for the exposure of wrongdoing and the accountability of leaders? Enforcing the Rule of Law examines how elected officials in Latin American democracies have come under scrutiny from new forms of political control, and how these social accountability mechanisms have been successful in counteracting corruption and the limitations of established institutions. This volume reveals how legal claims, media interventions, civic organizations, citizen committees, electoral observation panels, and other watchdog groups have become effective tools for monitoring political authorities. Their actions have been instrumental in exposing government crime, bringing new issues to the public agenda, and influencing or even reversing policy decisions. Enforcing the Rule of Law presents compelling accounts of the emergence of civic action movements and their increasing political influence in Latin America, and sheds new light on the state of democracy in the region.

Author: Francesco Giavazzi
Publisher: MIT Press
ISBN: 9780262072595
Category : Business & Economics
Languages : en
Pages : 330

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Book Description
How Brazil's monetary and fiscal policies survived a series of severe economic shocks and the policy lessons for other countries. Inflation targeting -- when central bank policies set specific inflation rate objectives -- is widely used by both developed and developing countries around the world (although not by the United States or the European Central Bank). This collection of original essays looks at how Brazil's policy of inflation targeting, coupled with a floating exchange rate, survived a series of severe economic shocks and examines the policy lessons that can be drawn from Brazil's experience. After a successful start in early 1999, Brazil's policy regime had to manage mounting difficulties, including a sudden reversal of capital flows and its effects on the exchange rate and public debt, the contagion of Argentina's severe economic problems, a domestic energy crisis, and the political uncertainty of the 2002 presidential campaign. The contributors, prominent Brazilian and international economists, draw important lessons from Brazil's experience, including the necessity of accompanying monetary policy with fiscal improvement, the trade-offs involved in dollar-linked debt, the importance of fiscal institutions in an emerging market economy, and the importance of keeping inflation under control.

Author: Kai Möller
Publisher: Oxford University Press
ISBN: 0199664609
Category : Law
Languages : en
Pages : 239

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Book Description
The rapid spread of judicially-enforced constitutional rights has been one of the most dramatic developments in modern law. This book argues that there is now a global model for how such rights should function, and develops an original, philosophically grounded, account of their nature and scope.

Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315

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Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.

Author: Adrián Albala
Publisher: Springer
ISBN: 3319678019
Category : Social Science
Languages : en
Pages : 218

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Book Description
This book presents in-depth analyses of the wave of political protest and unrest that spread throughout Latin America between 2010 and 2015 in order to answer a question that has been challenging social scientists all over the region: why some countries have faced a divorce between their social movements and political parties while others have not? The contributions gathered in this volume intend to show that the logic of political representation in Latin America and its supposed “crisis” is not a common and constant feature for all region. Some countries like Chile, Brazil, Colombia and Mexico seem to have experienced a process of autonomization of its social movements vis-à-vis its institutional political system. However, Argentina, Bolivia, Ecuador and Uruguay have not seen such a split between civil society and the political parties. Bringing together eight case studies of the countries mentioned and a general assessment of the situation in the whole region, this book presents some interesting findings that will contribute to the discussions about the political representation crisis in Latin America, providing valuable resources for political leaders, researchers, policy makers and social activists in the region.

Author: João Andrade Neto
Publisher: Springer
ISBN: 3030022633
Category : Law
Languages : en
Pages : 349

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Book Description
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.