The 1988 Brazilian Constitution PDF Download
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Author | : Rubens Becak |
Publisher | : Rowman & Littlefield |
Total Pages | : 285 |
Release | : 2020-11-09 |
Genre | : Law |
ISBN | : 1793623708 |
Download The Unwritten Brazilian Constitution Book in PDF, ePub and Kindle
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.
Author | : Virgílio Afonso da Silva |
Publisher | : Bloomsbury Publishing |
Total Pages | : 242 |
Release | : 2019-05-30 |
Genre | : Law |
ISBN | : 1509929673 |
Download The Constitution of Brazil Book in PDF, ePub and Kindle
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.
Author | : Charles D. Cole |
Publisher | : Vandeplas Pub. |
Total Pages | : 664 |
Release | : 2008 |
Genre | : Comparative law |
ISBN | : |
Download Comparative Constitutional Law Book in PDF, ePub and Kindle
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.
Author | : Brazil. Constitution. 1988 |
Publisher | : |
Total Pages | : 182 |
Release | : 1994 |
Genre | : |
ISBN | : |
Download Constitution of the Federative Republic of Brazil, 1988 Book in PDF, ePub and Kindle
Author | : Thomas C. Bruneau |
Publisher | : |
Total Pages | : 54 |
Release | : 1989 |
Genre | : Brazil |
ISBN | : |
Download Constitutions and Democratic Consolidation Book in PDF, ePub and Kindle
The Report analyzes the Brazilian experience in formulating a new constitution in 1987- 1988 in comparative perspective with Portugal and Spain. It is demonstrated how the political actors in Brazil participated in the Constituent Assembly in order to ensure their interests in the basic document. Due to the political dynamics of the period and the severe economic crisis, the Assembly was extremely open, or porous, and the resulting document is long (315 articles), detailed, and extremely ambitious. There is some question, however, whether the political structures and economic resources will allow for a substantial implementation of the Constitution. (fr).
Author | : Russell E. Smith |
Publisher | : |
Total Pages | : 56 |
Release | : 1995 |
Genre | : Constitutional law |
ISBN | : |
Download The 1988 Brazilian Constitution Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 82 |
Release | : 1988 |
Genre | : Brazil |
ISBN | : |
Download Digest of the 1988 Brazilian Constitution Book in PDF, ePub and Kindle
Author | : M. Melo |
Publisher | : Springer |
Total Pages | : 341 |
Release | : 2013-08-20 |
Genre | : Political Science |
ISBN | : 1137310847 |
Download Making Brazil Work Book in PDF, ePub and Kindle
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.
Author | : Emilio Peluso Neder Meyer |
Publisher | : Bloomsbury Publishing |
Total Pages | : 334 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 1509941967 |
Download Constitutional Erosion in Brazil Book in PDF, ePub and Kindle
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.
Author | : Brazil |
Publisher | : |
Total Pages | : 72 |
Release | : 1988 |
Genre | : |
ISBN | : |
Download The Brazilian Constitution 1988 Book in PDF, ePub and Kindle