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The Unwritten Brazilian Constitution

The Unwritten Brazilian Constitution PDF Author: Rubens Becak
Publisher: Rowman & Littlefield
ISBN: 1793623708
Category : Law
Languages : en
Pages : 285

Book Description
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 Unwritten Brazilian Constitution

The Unwritten Brazilian Constitution PDF Author: Rubens Becak
Publisher: Rowman & Littlefield
ISBN: 1793623708
Category : Law
Languages : en
Pages : 285

Book Description
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 Constitutional System of Brazil

The Constitutional System of Brazil PDF Author: Herman Gerlach James
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296

Book Description


The Constitution of Brazil

The Constitution of Brazil PDF Author: Virgílio Afonso da Silva
Publisher: Bloomsbury Publishing
ISBN: 1509929673
Category : Law
Languages : en
Pages : 242

Book Description
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 Brazilian Constitution of 18th September de 1946 [sic].

The Brazilian Constitution of 18th September de 1946 [sic]. PDF Author: Brazil
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 86

Book Description


Complete Text of the Brazilian Constitution of 1934

Complete Text of the Brazilian Constitution of 1934 PDF Author: [Constitutional Documents.] (Brazil)
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


Translation of the New Brazilian Constitution

Translation of the New Brazilian Constitution PDF Author: Brazil
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


The Fourth Brazilian Constitution

The Fourth Brazilian Constitution PDF Author: William Heyward Homer Turner
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 746

Book Description


Fourth Brazilian Constitution

Fourth Brazilian Constitution PDF Author: Turner
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


Complete Text of the Brazilian Constitution of 1934. Done into English, together with new and revised version, in English, of the text of the Brazilian Constitution of 1891, as amended in 1926, by Ernest Hambloch

Complete Text of the Brazilian Constitution of 1934. Done into English, together with new and revised version, in English, of the text of the Brazilian Constitution of 1891, as amended in 1926, by Ernest Hambloch PDF Author: Brazil
Publisher:
ISBN:
Category :
Languages : en
Pages : 110

Book Description


The Meaning of Liberalism in Brazil

The Meaning of Liberalism in Brazil PDF Author: Milton Tosto
Publisher: Lexington Books
ISBN: 9780739109861
Category : Political Science
Languages : en
Pages : 214

Book Description
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.