—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)
—Juliano Zaiden Benvindo, University of Brasília Brazil was faced with a tragic event this January. Justice Teori Zavascki, one of the most respected members of the Brazilian Supreme Court, was one of the five victims of a plane crash into the sea near Paraty, a colonial town off the coast of Rio de Janeiro state.
—Juliano Zaiden Benvindo, University of Brasilia Judicial review of the legislative process is certainly one of the most sensitive areas of the relationship between the Judiciary and Parliament. In comparative law, there is no clear trend. In the United States, the enrolled bill doctrine, which claims that courts are required to accept that “a bill
—Juliano Zaiden Benvindo, University of Brasilia Supreme Court decisions on the limits and scope of electoral rules are normally controversial. One of the reasons is that the boundaries between law and politics are often blurred. The US Supreme Court, in Citizens United v. FEC and then in McCutcheon v. FEC paved the way for an
The “Unconstitutional State of Affairs” in Brazil’s Prison System: The Enchantment of Legal Transplantation
[Editor’s Note: This is the second of two perspectives on an ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Vanice Regina Lirio do Valle, published last Friday, can be
[Editor’s Note: I•CONnect will present two perspectives on an important ongoing case in Brazil where the Supreme Federal Tribunal, in deciding a case relating to prison conditions, imported the unconstitutional state of affairs doctrine used by the Colombian Constitutional Court. An alternative analysis by Thiago Luís Sombra can be found here.] –Vanice Regina Lirio do
—David Landau, Florida State University College of Law Ten years ago, Latin America would have been one of the last places where one would have expected an avalanche of same-sex rights decisions and policies. But that’s indeed what has happened recently, bookmarked by a December decision of the Mexican Supreme Court. I’ll summarize just one