Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.

Download or read book The Rule of Law in Brazil written by Juliano Zaiden Benvindo and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil. It stresses not only how the rule of law has developed in the legal system, but also how the political institutions and extra-legal organisations have transformed its foundations. The rule of law is not a simple concept when it comes to defining the political, economic, and legal developments of a country like Brazil. Similar to many other Latin American countries, Brazil is a young democracy struggling with its longstanding extractive institutions and entrenched interests. It features, however, one of Latin America's richest constitutional moments, when civil society actively participated in drafting the most democratic constitution in the country's history. Brazil has since strengthened its institutions and the rule of law, but the road toward consolidating them has been challenged by inequality and the legacies of that authoritarian past. The book explores how Brazilian democracy has dealt with the high levels of social inequality and the authoritarian mindset that still play a big role in its fate, and asks whether the country's democratic achievements and institutional framework are sufficiently strong to enforce the rule of law as an imperative for Brazil's development, especially in times when the country is most in need of them.

Download or read book The Churches and Democracy in Brazil written by Rudolf von Sinner and published by Wipf and Stock Publishers. This book was released on 2012-05-04 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brazil is a rapidly emerging country. Brazilian theology, namely the Theology of Liberation, has become well known in the 1970s and 1980s. The politically active Base Ecclesial Communities and the progressive posture of the Roman Catholic Church contrasted with a steadily growing number of evangelicals, mostly aligned with the military regime but attractive precisely to the poor. After democratic transition in the mid-1980s, the context changed considerably. Democracy, growing religious pluralism and mobility, a vibrant civil society, the political ascension of the Worker's Party and growing wealth, albeit within a continuously wide social gap, are some of the elements that show the need of a new approach to theology. It must be a theology that is both critical and constructive, resisting and cooperative, a theology that is able to give orientation to the churches, valuing and encouraging their contribution in society while avoiding attempts of imposition. The Churches and Democracy in Brazil, the fruit of years of interdisciplinary study of the Brazilian context and its main churches and theology, makes its case for an ecumenically articulated public theology. It seeks inspiration mainly in Luther and Lutheran theology, emphasizing human dignity, freedom, trust, the disposition to serve, and the ability to endure the ambiguities of reality, as well as a fresh interpretation of the doctrine of the two regiments. These are the fundamental elements of what makes human beings full members of the body politic: citizenship, their right to have rights and to be able to effectively live them, together with their corresponding duties, in a move of growing political participation conscious of their religious motivation in view of the commonweal.

Download or read book The Constitutional System of Brazil written by Herman Gerlach James and published by . This book was released on 1923 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Religion and Law in Brazil written by Thiago Magalhães Pires and published by Kluwer Law International B.V.. This book was released on 2023-09-25 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Brazil deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media. After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide. Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Brazil. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups

Download or read book U S Power and the Social State in Brazil written by Júlio Cattai and published by Routledge. This book was released on 2021-12-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the elite-led efforts to transform the Brazilian legal order in the period between 1930–1975 and how U.S. Power played a major role in such a process. Besides the global circulation of ideas, the book discusses the Brazilian institutional development in the period. A profound "Crisis of Civilization" marked the first decades of the century: the references of space and time vanished with the vertiginous expansion of cities and industries, while a myriad of immigrants and former slaves were alleged to be threatening the country’s traditions. Brazilian elites blamed liberalism for such a "Crisis". Based on a decade of research, this book centralizes Brazilian history in liberalism and offers a genealogy of the jurisprudential and institutional struggles to correct the culture of laissez-faire. Using archival sources, it shows the direct U.S. influence on Brazilian thought and development. Recasting the history of legal ideas in the 20th century and providing novel interpretations on major political processes, it offers a rigorous and fresh look at the development of liberalism in the country. Covering five decades of history and offering a transnational approach involving the U.S. hegemonic role in Brazil, this book will be of interest to scholars and students of law, U.S. foreign policy, area studies and international relations.

Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.

Download or read book Indigenous Struggle at the Heart of Brazil written by Seth Garfield and published by Duke University Press. This book was released on 2001-09-18 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Struggle at the Heart of Brazil examines the dynamic interplay between the Brazilian government and the Xavante Indians of central Brazil in the context of twentieth-century western frontier expansion and the state’s indigenous policy. Offering a window onto Brazilian developmental policy in Amazonia and the subsequent process of indigenous political mobilization, Seth Garfield bridges historical and anthropological approaches to reconsider state formation and ethnic identity in twentieth-century Brazil. Garfield explains how state officials, eager to promote capital accumulation, social harmony, and national security on the western front, sought to delimit indigenous reserves and assimilate native peoples. Yet he also shows that state efforts to celebrate Indians as primordial Brazilians and nationalist icons simultaneously served to underscore and redefine ethnic difference. Garfield explores how various other social actors—elites, missionaries, military officials, intellectuals, international critics, and the Indians themselves—strove to remold this multifaceted project. Paying particular attention to the Xavante’s methods of engaging state power after experience with exile, territorial loss, and violence in the “white” world, Garfield describes how they emerged under military rule not as the patriotic Brazilians heralded by state propagandists but as a highly politicized ethnic group clamoring for its constitutional land rights and social entitlements. Indigenous Struggle at the Heart of Brazil will interest not only historians and anthropologists but also those studying nationbuilding, Brazil, Latin America, comparative frontiers, race, and ethnicity.

Download or read book Judge and Jury in Imperial Brazil 1808 1871 written by Thomas Flory and published by University of Texas Press. This book was released on 2015-01-15 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In nineteenth-century Brazil the power of the courts rivaled that of the central government, bringing to it during its first half century of independence a stability unique in Latin America. Thomas Flory analyzes the Brazilian lower-court system, where the private interests of society and the public interests of the state intersected. Justices of the peace—lay judges elected at the parish level—played a special role in the early years of independence, for the post represented the triumph of Brazilian liberalism’s commitment to localism and decentralization. However, as Flory shows by tracing the social history and performance of parish judges, the institution actually intensified conflict within parishes to the point of destabilizing the local regime and proved to be so independent of national interests that it all but destroyed the state. By the 1840s the powers of the office were passed to state appointees, particularly the district judges. Flory recognizes these professional magistrates as a new elite who served as brokers between the state and the poorly articulated landowner elite, and his account of their rise reveals the mechanisms of state integration. In focusing on the judiciary, Flory has isolated a crucial aspect of Brazil’s early history, one with broad implications for the study of nineteenth-century Latin America as a whole. He combines social, intellectual, and political perspectives—as well as national-level discussion with scrutiny of parish-level implementation—and so makes sense of a complicated, little-studied period. The study clearly shows the progression of Brazilian social thought from a serene liberal faith in the people as a nation to an abiding, very modern distrust of that nation as a threat to the state.

Download or read book Personality and Data Protection Rights on the Internet written by Marion Albers and published by Springer Nature. This book was released on 2022-03-12 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

Download or read book Vargas of Brazil written by John W. F. Dulles and published by University of Texas Press. This book was released on 2012-04-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominant public figure in Brazil from 1930 until 1954 was a highly contradictory and controversial personality. Getúlio Vargas, from the pampas of the southern frontier state of Rio Grande do Sul, became the dictator who ruled without ever forgetting the lower classes. Vargas was a consummate artist at politics. He climbed the political ladder through seats in the state and national legislatures to the post of federal Finance Minister and to the governorship of Rio Grande do Sul. His career then took him to the National Palace as Provisional President and as Constitutional President, and later as the dictator of his "New State." After his deposition in 1945 and a period of semiretirement, his continuing widespread popularity resulted in his successful come-back campaign in 1950 for the Presidency on the Labor Party ticket. Vargas' contributions to Brazilian political and economic life were many and important. Taking advantage of the power which his political magic provided him, he brought Brazil from a loose confederacy of semifeudal states to a strongly centralized nation. He was a great eclectic, welding into his social, political, and economic policies what he found good in various programs. He was also a great opportunist in the sense that he adroitly took advantage of conditions and circumstances to effect his ends. He was intimately related to the revolutionary changes in Brazilian life after 1930. Vargas, "Father of the Brazilians," attributed achievements such as these to power in his own hands. His foes, however, still feared the political wizard, and they cheered the military when it deposed him. After his return, "on the arms of the people," Vargas saw that the armed forces were determined to repeat history, and in 1954 he chose another path—suicide. All of these exciting events are related in John W. F. Dulles's Vargas of Brazil: A Political Biography. Despite its emphasis on Vargas the politician and statesman, the reader comes to know Vargas the man. For this portrait of Vargas and of Brazil the author has drawn much material from State Department papers in the National Archives and from other public sources, and from interviews with numerous persons who were participants in the events he describes or observers of them. The result is an interesting, revealing, valid account of an important people. Many illustrations supplement the text.

Download or read book Constitutional Erosion in Brazil written by Emilio Peluso Neder Meyer and published by Bloomsbury Publishing. This book was released on 2021-07-15 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Media Law in Brazil written by Clara Iglesias Keller and published by Kluwer Law International B.V.. This book was released on 2022-10-20 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Brazil surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

Download or read book Latin American Perspectives on Law and Religion written by Rodrigo Vitorino Souza Alves and published by Springer Nature. This book was released on 2020-05-16 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a valuable contribution to the fascinating global debate on the meaning and scope of freedom of religion or belief and the relations between state, society and religion. It offers a cross-thematic approach to law and religion from the Global South. Law and religion have been consolidated to form a specific area of study in recent years. However, due to language barriers, most of the regional and national debates within Latin America have not been accessible to interested audiences from other parts of the world. Despite the specificities of the Latin American context, the issues, arrangements and processes that have been negotiated and developed in this part of the Global South make a valuable contribution to addressing the challenges that have arisen in other regions. The book analyses the intersections and interactions between religion and other far-reaching subjects such as politics and democracy, traditional cultures, national and ethnic groups, majorities and minorities, public education, management of diversity, intolerance and violence, as well as secularism and equality. The collection of essays is of interest not only to legal scholars and practitioners, but also to sociologists, political scientists and theologians, as well as to policymakers and civil society organizations.