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Genesis of the Brazilian constitution

Genesis of the Brazilian constitution
Author: Manoel Valente Figueiredo Neto
Publisher:
Total Pages: 154
Release: 2021
Genre: Constitutional history
ISBN: 9786525100135

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"This book The Genesis of the Brazilian Constitution analyzes Brazil's constitutional background in the context of the 1823 Constituent Assembly and the Imperial Constitution. It considers them as theaters for debates over political and legal questions concerning Brazil at the time, which, thirsting for a Constitution as a Charter of Political Objectives, discussed and formulated the ideals of what would become the first genuinely Brazilian Magna Carta. It verifies that, during this historical moment, there were in Brazil thoughts and formulations about the application of legal doctrines hitherto consecrated in other countries and how to adapt them to the Brazilian case in a rational, intentional and productive way. That author adopts a historical perspective to examine bibliographic and documentary sources. The book reveals how Brazil's historical experience contributed to the articulation of its unique constitutional thought-one capable of representing the circumstances that shaped the formulation and adaptation of the Constitution throughout time and history."--


The Constitution of Brazil

The Constitution of Brazil
Author: Virgílio Afonso da Silva
Publisher: Bloomsbury Publishing
Total Pages: 242
Release: 2019-05-30
Genre: Law
ISBN: 1509929673

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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.


Constitution of the Empire of Brazil — Constitution of 1824

Constitution of the Empire of Brazil — Constitution of 1824
Author: Pedro I of Brazil
Publisher: Good Press
Total Pages: 37
Release: 2021-04-11
Genre: History
ISBN:

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The Political Constitution of the Empire of Brazil, commonly referred to as the Constitution of 1824, was Brazil's first constitution and remained in force for 65 years. It was issued at the emperor's request, unilaterally imposed by the will of emperor Pedro I, who had ordered it from the Council of State. It was the longest-running constitution in Brazil that remained in power during the Empire of Brazil. The constitution's innovations included freedom of religious worship, freedom of the press and opinion, and the institution of the Moderating Power.


Constitutionalism in Context

Constitutionalism in Context
Author: David S. Law
Publisher:
Total Pages: 612
Release: 2022-02-09
Genre: Law
ISBN: 1108674267

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With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.


The History of Brazil

The History of Brazil
Author: John Armitage
Publisher:
Total Pages: 324
Release: 1836
Genre: Brazil
ISBN:

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The South American Republics : History of Brazil

The South American Republics : History of Brazil
Author: Thomas C. Dawson
Publisher: Literature and Knowledge Publishing
Total Pages:
Release: 2019-09-17
Genre: History
ISBN: 2366597746

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This book presents the History of Brazil, from the discovery to the establishment of the Republic. “On the 9th of March, 1500, Pedro Alvarez Cabral, a Portuguese nobleman of illustrious birth, but not yet distinguished by any notable feats in war or seamanship, sailed from Lisbon for the East Indies. This expedition was sent out to continue the work begun by Vasco da Gama in the first all-sea voyage to India. It was an advance-guard for the larger armament that two years later founded the Portuguese empire on the coasts of India. Vasco da Gama himself wrote Cabral's sailing orders. The latter was instructed, after passing the Cape Verde Islands in 14° North, to sail directly south, as long as the wind was favourable. If forced to change his course, he was ordered to keep on the starboard tack, even though it led him south-west. When he reached the latitude of the Cape of Good Hope — 34° South — he was to bear away to the east.These sailing instructions have been the subject of much discussion. Many believe their sole purpose was to enable Cabral to avoid the Guinea calms, so annoying to sailing ships near the African coast. Others contend that Da Gama had seen signs of land to the west on his own voyage, and that its discovery was a real, though secondary, object of the expedition. In any event the Brazilian coast is too near the natural route around Africa to have escaped encounter, and would infallibly have shortly been seen by someone else.Forty-two days after leaving Lisbon, Cabral's fleet saw unmistakable signs of land, being then in latitude 17 degrees south and longitude 36 degrees west. From the Cape Verde Islands, just off the western point of Africa, he had made 2300 miles, and had come 500 miles to the west. The next day a mountain was sighted, which he called Paschoal, because it was Easter week. This mountain is in the southern part of the state of Bahia, about four hundred miles north-east of Rio, and on a coast that to this day is sparsely inhabited and rarely visited. The following day the whole fleet came to an anchor a mile and a half from the shore, and just north of the dangerous Abrolhos reefs. This was the 23rd of April, Old Style, which corresponds with the 3rd of May in the Gregorian calendar. The date is a national holiday in Brazil, and the anniversary for the annual convening of Congress. Because no quadrupeds or large rivers were seen, Cabral thought he had discovered an island and named it the "Island of the True Cross." The...


The History of Brazil

The History of Brazil
Author: John Armitage
Publisher:
Total Pages: 320
Release: 1970
Genre: Brazil
ISBN:

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Comparative Constitutional Reasoning

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

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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.


Afro-Latin American Studies

Afro-Latin American Studies
Author: Alejandro de la Fuente
Publisher: Cambridge University Press
Total Pages: 663
Release: 2018-04-26
Genre: History
ISBN: 1316832325

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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.