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Author: João Ribeiro Júnior
Publisher:
ISBN: 9788588513181
Category :
Languages : pt-BR
Pages : 291
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Book Description
Author: João Ribeiro Júnior
Publisher:
ISBN: 9788588513181
Category :
Languages : pt-BR
Pages : 291
Get Book Here
Book Description
Author: Emilio Peluso Neder Meyer
Publisher: Bloomsbury Publishing
ISBN: 1509941967
Category : Law
Languages : en
Pages : 334
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Book Description
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: Rubens Becak
Publisher: Rowman & Littlefield
ISBN: 1793623708
Category : Law
Languages : en
Pages : 285
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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.
Author: Lawrence S. Graham
Publisher: University of Texas Press
ISBN: 0292768966
Category : Political Science
Languages : en
Pages : 248
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Book Description
In the 1930s, during the authoritarian government of Getúlio Vargas, the Brazilian civil service reform movement began. Thirty-five years later, the actual administrative practices of the country did not adequately reflect the philosophy underlying this movement, a philosophy drawn from the reform experience and public administration theories of the United States and Western Europe. This book examines why these ideas, when transplanted to another cultural setting, did not take root and, further, why they unexpectedly proved to be most applicable in Brazil during periods of autocratic rule. These questions are highly relevant not only to Brazil, but equally to other developing countries struggling to create more effective national administrative systems. For this reason, and in order to evaluate the Brazilian reform experience within its total context (social, economic, and political), Lawrence S. Graham develops a broad conceptual framework. His focus is on the years between 1945 and 1964, a period which allowed a relatively free play of political forces but, ironically, produced a diminution in the success of the reform efforts when compared with the authoritarian governments which preceded and followed it. After a comparative consideration of the public administration theories behind the reform movement, Graham examines this period in terms of the political environment, the functions of political patronage, and the influences of a nascent national party. Finally, he juxtaposes the conditions and course of the Brazilian reform experience with those of the United States and Great Britain. Graham’s study of the Brazilian example, which does not pass judgment on the prevailing public personnel system, reveals the importance of understanding the total cultural context within which administrative principles are put into practice. Such an approach, wider than generally held in the field of public administration, may prove to be the most vital factor in the future of the civil service in Brazil and several other countries facing the same problems.
Author: Jacob Dolinger
Publisher: Kluwer Law International B.V.
ISBN: 9041192506
Category : Law
Languages : en
Pages : 404
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Author: Renata Furtado de Barros
Publisher: Lulu.com
ISBN: 1105832481
Category : Law
Languages : pt-BR
Pages : 288
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Book Description
A reflexão democrática, em distintas temáticas jurídicas, é o objetivo dessa obra, sempre com o olhar no novo paradigma estatal de proteção e respeito à vontade popular.
Author: University of Texas. Library. Latin American Collection
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 802
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Book Description
Author:
Publisher:
ISBN:
Category : Union catalogs
Languages : en
Pages : 712
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Book Description
Author:
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 256
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Book Description
Author:
Publisher: Dykinson
ISBN: 8413773091
Category :
Languages : en
Pages :
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Book Description
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
