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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "Brazil"
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The Rule of Law in Brazil: A Conceptual Challenge

—Juliano Zaiden Benvindo, University of Brasília  Reinhart Koselleck, one of the most prominent German historians of the twentieth century, once wrote that “conceptual change is generally slower and more gradual than the pace of political events.”[1] Time and experience are required for properly grasping the distinct nuances of a concept. Every concept – he says

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Published on May 2, 2018
Author:          Filed under: Analysis
 
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The Judicial Ban on Asbestos in Brazil: A Turning Point in the Relationship between International Law and Collective Fundamental Rights?

—Ranieri Lima Resende, PhD. in Law Candidate, Federal University of Rio de Janeiro (Brazil); Visiting Doctoral Researcher, New York University.* Celebrated as one of the most important news stories of 2017 by environmentalists and human rights’ activists,[1] the recent prohibition of asbestos production and commerce throughout the country, ordered by the Brazilian Supreme Court on

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Published on January 10, 2018
Author:          Filed under: Developments
 
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The Judiciary as Second-Best Political Strategy: The Never-Ending Debate over the Presumption of Innocence in Brazil

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília In February 2016, one of us wrote a post on I-CONnect focusing on the Brazilian Supreme Court’s new precedent on the presumption of innocence.[1] The decision carried out a major shift by allowing criminal sentences to be enforced once a judgment has been affirmed

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Religious Education in Brazil: A Tale of a Never-Ending Past

—Juliano Zaiden Benvindo & Fábio Almeida, University of Brasília On September 27, the Brazilian Supreme Court arguably decided the most important case on religious freedom and education rights in Brazilian history. Under scrutiny was whether religious freedom (Art. 5, VI, of the Brazilian Constitution) and religious education (Art. 210, Paragraph 1, of the Brazilian Constitution)

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Published on October 25, 2017
Author:          Filed under: Developments
 
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The Brazilian Moment in the Judicialization of Mega-Politics

–Vanice Lirio do Valle, Estacio de Sá University The Brazilian political crisis is visible worldwide, due to the bombastic effects of the findings in the huge police investigation called the “car-wash operation”.  From the initial imprisonment of Senator Delcidio Amaral in 2015, up to the second criminal complaint addressed to President Michel Temer who was charged

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Published on October 22, 2017
Author:          Filed under: Developments
 
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The Brazilian Constitution of 1988, the Armed Forces, and the Coup d’Etat

—Emilio Peluso Neder Meyer, Marcelo Andrade Cattoni de Oliveira, & Thomas da Rosa Bustamante, Federal University of Minas Gerais, Brazil, Faculty of Law. On the 17th of September 2017, Brazilian Army General Antonio Hamilton Martins Mourão, during a lecture for a Masonic Lodge in Brasília, advocated the possibility of an interference of the Armed Forces

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When is a Limp More than a Limp? Diagnosing Democratic Decay

—Tom Gerald Daly, Fellow, Melbourne Law School; Associate Director, Edinburgh Centre for Constitutional Law Sometimes a limp is just a limp–arising from a debilitating yet isolated injury or infection that will soon heal. However, sometimes a limp can be indicative of a degenerative disease such as multiple sclerosis. Gaining a clear diagnosis and prognosis of

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Published on July 12, 2017
Author:          Filed under: Analysis
 
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Brazilian Democratic Decay and the Fear of the People

—Juliano Zaiden Benvindo & Fernando José Gonçalves Acunha, University of Brasília A recurring trend in comparative constitutional law is the emerging populism, which, in its various forms, extends to places and contexts as diverse as the United States, Poland, Turkey, Hungary, the Philippines, Latin America and so forth. Brazil, which is experiencing one of its

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Published on June 24, 2017
Author:          Filed under: Analysis
 
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“Constitutional Dismemberment” and Political Crisis in Brazil: Populism in Sight?

—Juliano Zaiden Benvindo, University of Brasília Jon Elster once wrote that “… the task of constitution-making generally emerges in conditions that are likely to work against good constitution-making.”[1] Passion – as he puts it – prevails over reason in such turbulent circumstances. When it comes to other forms of substantial constitutional change, such as what

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Published on May 6, 2017
Author:          Filed under: Developments
 
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Abusive Judicial Activism and Judicial Independence in Brazil

—Juliano Zaiden Benvindo, University of Brasília When delivering his speech at the Brazilian Supreme Court on December 5 on “Public Ethics and Democracy,” Michael Sandel, Professor at Harvard University, could not foresee what was about to happen that very day just some floors above the conference room. Amid a rich debate on the role of

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Published on December 22, 2016
Author:          Filed under: Developments