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I·CONnect

Blog of the International Journal of Constitutional Law and ConstitutionMaking.org
Home Posts tagged "Brazilian Supreme Federal Tribunal"
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Brazil’s Increasingly Politicized Supreme Court

—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.

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Published on February 16, 2017
Author:          Filed under: Developments
 
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Institutions Matter: The Brazilian Supreme Court’s Decision on Impeachment

—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

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Published on December 31, 2015
Author:          Filed under: Developments
 
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Constitutional Design, Institutional Strategy, and Corporate Campaign Contributions in Brazil

—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[1] and then in McCutcheon v. FEC[2] paved the way for an

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Published on October 30, 2015
Author:          Filed under: Developments
 
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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

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Published on September 30, 2015
Author:          Filed under: Developments
 
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An Unconstitutional State of Affairs in the Brazilian Prison System

[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

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Published on September 25, 2015
Author:          Filed under: Developments
 
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The Surprising Cascade of Pro-Gay Marriage Decisions in Latin America

—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

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Published on January 9, 2013
Author:          Filed under: Analysis