The Unwritten Brazilian Constitution
The Unwritten Brazilian Constitution

Author: Rubens Becak

Publisher: Rowman & Littlefield

Published: 2020-11-09

Total Pages: 285

ISBN-13: 1793623708

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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.

Afro-Latin American Studies
Afro-Latin American Studies

Author: Alejandro de la Fuente

Publisher: Cambridge University Press

Published: 2018-04-26

Total Pages: 663

ISBN-13: 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.

The Meaning of Liberalism in Brazil
The Meaning of Liberalism in Brazil

Author: Milton Tosto

Publisher: Lexington Books

Published: 2005

Total Pages: 214

ISBN-13: 9780739109861

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The Meaning of Liberalism in Brazil explores the consequences of globalization in emerging-market economies using Brazil as a case study. This well-researched and thought provoking book elaborates a new interpretation of Brazilian society by showing the relationship between political thought and economics, as well as how the two disciplines can interact, working together to shape a nation. Milton Tosto Jr. carefully traces the meaning of liberalism throughout Brazilian history, explaining liberalism's birth and collapse, and ultimately offers reasons why the new liberal institutions of Brazil have an excellent chance of prospering. Anyone interested in economics, political theory, or Latin American studies will find this unique and insightful volume helpful.

Borrowing Justification for Proportionality
Borrowing Justification for Proportionality

Author: João Andrade Neto

Publisher: Springer

Published: 2018-11-11

Total Pages: 349

ISBN-13: 3030022633

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The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Constitutional Idolatry and Democracy
Constitutional Idolatry and Democracy

Author: Brian Christopher Jones

Publisher: Edward Elgar Publishing

Published: 2020-06-26

Total Pages: 217

ISBN-13: 1788971108

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Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.

The Oxford Handbook of Comparative Foreign Relations Law
The Oxford Handbook of Comparative Foreign Relations Law

Author: Curtis A. Bradley

Publisher:

Published: 2019

Total Pages: 891

ISBN-13: 0190653337

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This 46-chapter book, written by leading experts across the globe, compares and contrasts the foreign relations law of nations around the world, both documenting important differences and also noting commonalities and emerging trends. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

The Psychological Legacy of Slavery
The Psychological Legacy of Slavery

Author: Benjamin P. Bowser

Publisher: McFarland

Published: 2021-03-23

Total Pages: 308

ISBN-13: 1476642338

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This collection of essays surveys the practices, behaviors, and beliefs that developed during slavery in the Western Hemisphere, and the lingering psychological consequences that continue to impact the descendants of enslaved Africans today. The psychological legacies of slavery highlighted in this volume were found independently in Brazil, the U.S., Belize, Jamaica, Colombia, Haiti, and Martinique. They are color prejudice, self and community disdain, denial of trauma, black-on-black violence, survival crime, child beating, underlying African spirituality, and use of music and dance as community psychotherapy. The effects on descendants of slave owners include a belief in white supremacy, dehumanization of self and others, gun violence, and more. Essays also offer solutions for dealing with this vast psychological legacy. Knowledge of the continuing effects of slavery has been used in psychotherapy, family, and group counseling of African slave descendants. Progress in resolving these legacies has been made as well using psychohistory, forensic psychiatry, family social histories, and community mental health. This knowledge is crucial to eventual reconciliation and resolution of the continuing legacies of slavery and the slave trade.

Comparative Constitutional History
Comparative Constitutional History

Author: Francesco Biagi

Publisher: BRILL

Published: 2022-12-05

Total Pages: 392

ISBN-13: 9004523731

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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.

Tried and Convicted
Tried and Convicted

Author: Michael D. Cicchini

Publisher: Rowman & Littlefield Publishers

Published: 2012-07-12

Total Pages: 175

ISBN-13: 1442217197

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When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.