As reformas processuais macroestruturais brasileiras - 26.2 (original) (raw)
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Brazilian procedural reform's motion, in both criminal and civil spheres, has followed a pragmatic line on certain issues that distort the perspective of the democratic rule of law. This essay seeks to establish a study of the stages of the legislative process for effecting macro-structural procedural reforms which are appropriate to the democratic rule of law, thus allowing due process of law with a guarantee of citizen participation. In the proposed methodology for a procedural reform, the adequacy of the constitution and the constitutional process model has been assumed in distinguishing the following stages: previous diagnosis, defi ning the structural bases of the reform, formulation of the draft, public debate of the draft, legislative processing, the period of vacatio legis and, fi nally, monitoring of legislative reform and determination of the adequacy of it. As the preparatory and fi nal stages of the legislative process are delimited, we shall analyze Brazilian civil and criminal procedural laws up to the present time.
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American Journal of Comparative Law, 2011
Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights created by the current Constitution are effectively protected by the judiciary. This Article explores the complexities of these constitutional procedures, how they have worked or not worked in practice, and the problems that they have created for the Brazilian Judiciary.
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ARTICLE INFO ABSTRACT Available Online July 2013 It is the purpose of the authors of this study to identify and analyze aspects of the research carried out in the field of legislative studies in Brazil which may need deeper focus and improvement. Through the analysis of key-points presented in published papers regarding the relationship between the National Congress and the Federal Executive branch, the political parties, the parliamentary committees, and other themes concerning the Legislative, the article highlights the necessity to fill gaps and redirect some efforts, considering in particular a major attention for the legislative processes and procedures.
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The institutional design in Brazil authorizes all States of the Federation and the Federal District to elaborate legislation in pre-defined themes selected in the Federal Constitution. State legislators must obey such limits and respect constitutional norms in rule making process to preserve a desirable rule of law environment. This paper aims on the analysis of Supreme Court’s decisions in state legislation judicial review in order to identify the cases where constitutional violations can be found in relevant issues, as taxing law, administrative law or basic rights, pointing out the quality of Brazilian States ’ law and testing a set of hypothesis related to the production of unconstitutional norms. Kew-words: states – quality – legislation
Judicial Review in Brazil: Developments Under the 1988 Constitution
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I. INTRODUCTION Brazil has an extensive and complicated system of judicial review. Brazil also has an enormous Constitution laden with specific individual rights and far reaching social and economic goals. Committing rights and goals to writing, however, even in a national constitution, does not ensure their respect by those administering government's daily operations. Because Brazil has an accessible judicial system, many of these constitutional violations are on the courts' dockets for judicial resolution. Since Brazil has only a minimal system of binding legal precedent, the courts decide the same constitutional issues many times over. In addition to consuming valuable judicial resources, this leads to conflicting interpretations of constitutional provisions. This article explains the intricate Brazilian system of judicial review and the changes wrought by the adoption of the 1988 Constitution and its numerous amendments. It also explores the serious problems that these constitutional changes have created for the judicial system and assesses the desirability of certain judicial reforms. 1I. CONTOURS OF THE CURRENT CONSTITUTION Brazil's present Constitution, adopted in 1988, was originally a complex, convoluted and detailed document, with 245 articles and 70 transitory provisions.' Today it is even more so, with 250 articles, 83