Blog of the International Journal of Constitutional Law

Tag: Brazilian STF

  • The National Security Law and the Defense of Democratic Institutions in Brazil

    —Clèmerson Merlin Clève, Federal University of Paraná and UniBrasil. “That anyone who possesses power has a tendency to abuse it is an eternal truth. They tend to go as far as the barriers will allow.”Baron de Montesquieu Brazil has been through, since the eighties, as of the enactment of the Constitution, a slow process of the reconstruction of democratic institutions.

  • The Chief Justice of the Brazilian Supreme Court: Institutional and Constitutional Self-Destruction

    —Emilio Peluso Neder Meyer & Thomas da Rosa de Bustamante, Federal University of Minas Gerais and Brazilian National Council for Scientific and Technological Development (CNPq) The emergence of undemocratic political practices in Brazil, at least from the point of view of the executive branch, has become a general concern.

  • What do “Constitutional Reforms” on the 30th Anniversary of the Brazilian Constitution Really Mean?

    [Editor’s Note: This is the sixth and final entry in our symposium on the “30th Anniversary of the Brazilian Constitution.” The introduction to the symposium is available here.] —Estefânia Maria de Queiroz Barboza, Federal University of Parana and International University Center (Uninter); Melina Girardi Fachin, Federal University of Parana Like many contemporary democratic constitutions, the Brazilian Constitution establishes a normative framework for constitutional amendments seeking to follow the dynamics of social life.

  • Constitutional Dyssynchrony and the Debate over Abortion in Latin America

    —Juliano Zaiden Benvindo, University of Brasília It is commonly understood that “constitution-making tends to occur in waves,”[1] as Jon Elster wrote in his fascinating paper Forces and Mechanisms in the Constitution-Making Process in 1995. Another very relevant perception is that constitutionalism has become over the years increasingly inclusive despite many exceptions worldwide and the various setbacks democracies have endured, especially in the last years.

  • The Federal Intervention in Rio de Janeiro: Militarization of Public Security, Expansion of Military Justice and Impunity for Human Rights Violations

    —Andrés Del Río, Institute of Education of Angra dos Reis (IEAR) – Federal Fluminense College (UFF), Juliana Cesario Alvim Gomes, State University of Rio de Janeiro In February 2018, the Brazilian Federal Government ordered a federal security intervention in the State of Rio de Janeiro, allegedly to respond to a crisis of violence.

  • The Agenda-Setting Crisis in the Brazilian Supreme Court

    —Ranieri Lima Resende, PhD. in Law Candidate, Federal University of Rio de Janeiro (Brazil); Visiting Doctoral Researcher, New York University; José Ribas Vieira, Full Professor of Constitutional Law, Federal University of Rio de Janeiro (Brazil).* The current national debate in Brazil about the recent imprisonment of the former President of the Republic, Luiz Inácio Lula da Silva,[1] brings to light a collateral but important question focused on agenda-setting in the Brazilian Supreme Court.

  • Judges Speaking for the People: Judicial Populism Beyond Judicial Decisions

    —Diego Werneck Arguelhes, Getulio Vargas Foundation Law School (FGV Direito Rio — Brazil); Information Society Project, Yale Law School (Spring 2017) [Editor’s Note: This post is part of the joint I-CONnect/Verfassungsblog mini-symposium on populism and constitutional courts. An introduction to the symposium can be found here.]

  • 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.

  • A Brewing Supreme Court Nomination Crisis in Brazil?

    –Vanice Regina Lírio do Valle, Estácio de Sá University This past February 26th, the Brazilian Supreme Court was unable to rule in a relevant lawsuit: the votes were tied, which made the absence of the eleventh Justice an insuperable obstacle to come to a decision.