Constitutional Engineering in Brazil

Constitutional Engineering in Brazil PDF Author: Celina Souza
Publisher: Springer
ISBN: 1349256943
Category : Political Science
Languages : en
Pages : 225

Get Book Here

Book Description
The book investigates why a country facing issues that needed to be tackled nationwide chose to decentralize when it moved from authoritarianism to democracy. It discusses the events of the Brazilian constituent assembly and investigates the results of decentralization at the subnational sphere. The results suggest that there was a lack of social consensus on what was to be achieved by decentralization. They suggest that political and economic factors influence the outcomes of decentralization, thus exposing the limits of decentralization on policy results.

Constitutional Engineering in Brazil

Constitutional Engineering in Brazil PDF Author: Celina Souza
Publisher: Springer
ISBN: 1349256943
Category : Political Science
Languages : en
Pages : 225

Get Book Here

Book Description
The book investigates why a country facing issues that needed to be tackled nationwide chose to decentralize when it moved from authoritarianism to democracy. It discusses the events of the Brazilian constituent assembly and investigates the results of decentralization at the subnational sphere. The results suggest that there was a lack of social consensus on what was to be achieved by decentralization. They suggest that political and economic factors influence the outcomes of decentralization, thus exposing the limits of decentralization on policy results.

Constitutional Engineering in Brazil

Constitutional Engineering in Brazil PDF Author: Celina Maria de Souza
Publisher:
ISBN: 9780333681466
Category : Decentralization in government
Languages : en
Pages : 211

Get Book Here

Book Description
The book investigates how and why a country facing issues that needed to be tackled nationwide chose to decentralize political power and financial resources when it moved from military rule to democratization. Furthermore, the book examines whether the decision to decentralize in Brazil has changed the allocation of public expenditure at the subnational level, especially regarding education. By analyzing the decision to decentralize and its results at the subnational level, the study embodies both an elite and a grassroots approach. The elite approach encompasses the topics related to decentralization in the Brazilian constituent assembly that sat from 1987 to 1988. The grassroots approach is comprised of three case studies.

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

Get Book Here

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 Constitutional System of Brazil

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

Get Book Here

Book Description


Comparative Constitutional Engineering

Comparative Constitutional Engineering PDF Author: Giovanni Sartori
Publisher: NYU Press
ISBN: 0814780636
Category : History
Languages : en
Pages : 229

Get Book Here

Book Description
The second edition of this pathbreaking, highly innovative comparative study in state-building by a major political scientist is a fully updated examination of the problems of making democratic government work. Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances. His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended. He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.

The Constitutional System of Brazil

The Constitutional System of Brazil PDF Author: Herman Gerlach James
Publisher:
ISBN:
Category : Brazil
Languages : en
Pages : 270

Get Book Here

Book Description


Making Brazil Work

Making Brazil Work PDF Author: M. Melo
Publisher: Springer
ISBN: 1137310847
Category : Political Science
Languages : en
Pages : 341

Get Book Here

Book Description
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.

The Unwritten Brazilian Constitution

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

Get Book Here

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.

Comparative Constitutional Engineering

Comparative Constitutional Engineering PDF Author: Giovanni Sartori
Publisher: NYU Press
ISBN: 9780814780022
Category : Political Science
Languages : en
Pages : 0

Get Book Here

Book Description
A major political scientist provides a pathbreaking comparative study into state-building The second edition of this pathbreaking, highly innovative comparative study in state-building by a major political scientist is a fully updated examination of the problems of making democratic government work. Sartori begins by assessing electoral systems. He attacks the conventional wisdom that their influence cannot be predicted and also disputes the view that proportional representation is always best and will deliver 'consensus democracy'. He argues that the double-ballot formulas deserve more consideration for their ability to facilitate governability in adverse circumstances. His comparative assessment of presidential and semi-presidential systems and the variety of formulas that are categorized, sometimes misleadingly, as parliamentary, looks at the conditions that allow a political form to perform as intended. He concludes with a detailed proposal for a new type of government: alternating presidentialism. This meets the need for strong parliamentary control and efficient government, with safeguards against both parliamentary obstructionism and government by decree, and so could help to avoid political paralysis in Latin America, in the post-communist countries of Europe and in countries with dysfunctional parliamentary systems such as Italy and Israel.

The Politics and History of AIDS Treatment in Brazil

The Politics and History of AIDS Treatment in Brazil PDF Author: Amy Nunn
Publisher: Springer Science & Business Media
ISBN: 0387096183
Category : Medical
Languages : en
Pages : 200

Get Book Here

Book Description
Brazil’s public policy response to the AIDS epidemic preceded those of many developing countries. During my tenure as President, in 1996, Brazil adopted a law guaranteeing free and universal access to AIDS treatment for all people living with HIV/AIDS. Brazil became the first developing country to provide publicly-financed AIDS treatment for all people living with HIV/AIDS. We now have one of the world’s most successful AIDS programs that is considered a model for other dev- oping countries. Today, 185,000 people receive life-saving AIDS cocktails in Brazil, and thousands of lives have been saved. But this was not an easy battle. There were many challenges along the way. Twenty years ago, Brazil’s achie- ments today might have seemed impossible. During the 1980s, in Brazil, as elsewhere, there was overwhelming stigma associated with AIDS; people living with HIV often lost their jobs and died quickly before the advent of life-saving antiretroviral drugs. Brazil’s AIDS movement was extraordinarily important in promoting progressive AIDS policies; associations of people living with HIV were the first to denounce pervasive AIDS-related discri- nation and called public attention to the importance of AIDS. Activists protested in the streets for over a decade, engaged the media, and framed AIDS as a human rights issue.