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This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil's struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. Within the organisation of powers, the book not only describes how its legislative, executive and judicial functions are organised, but above all else, it analyses how a politically fragmented National Congress, a powerful President and an activist Supreme Court engage with each other in ways that one could hardly grasp by reading the constitutional text without contextual analysis. Similarly, the book also shows how the three-tiered federation established in 1988 has undergone a process of centralisation led not only by the central government but also by the Brazilian Supreme Court. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution's transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come.
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
This volume deals with the basic human rights of aliens from the perspective of international and comparative law. It examines the rules regarding treatment of aliens and the extent to which these rules have been adopted in the domestic legislation of more than 40 different states. It aims to achieve two basic goals: 1) to define the status of aliens under international law, that is, which rights are granted to every person by international instruments; and 2) to establish whether this set of rules has been adopted by the domestic legislation of the states under review. The author classifies the basic human rights of aliens into seven different categories, namely: 1) fundamental rights; 2) private rights; 3) social and cultural rights; 4) economic rights; 5) political rights; 6) public rights; and 7) procedural rights. For each of these categories she reviews opinions of international legal commentators, decisions of international and regional tribunals, as well as national legislation, domestic court decisions, and opinions of local authorities.
In the last half century Brazil's rural economy has developed profitable soy and sugarcane plantations, causing mass displacement of rural inhabitants, deforestation, casualization of labor, and reorganization of politics. Since the early 2000s Indigenous peoples have protested the taking of their land and transformed terms provided by state institutions, NGOs, agribusiness firms, and myriad local middlemen toward their material survival, leading to significant violence from third-party security forces. Guarani protestors have confronted these armed security forces through a form of life-or-death political theater and spectacle on the sides of highways, while squatters have viscerally disturbed the landscape and enlivened long-standing genocide and settler-colonial violence. In Unsettling Agribusiness LaShandra Sullivan analyzes the transformations in rural life wrought by the internationalization of agribusiness and contests over land rights by Indigenous social movements. The protest camps, by reclaiming the countryside as a site of residence and not merely one of abstract maximized agribusiness production, call into question the meanings and stakes of Brazil's political model. The squatter protests complicated federal attempts to balance land reform with economic development imperatives and imperiled existing constellations of political and economic order. Unsettling Agribusiness encompasses the multiple scales of the conflict, maintaining within the same frame of analysis the unique operations of daily life in the protest camps and the larger political, economic, and social networks of pan-Indigenous activism and transnational agribusiness complexes of which they are a part. Sullivan speaks to the urgent need to link the dual preoccupations of multi-scalar political-economic change and the ethno-racial terms in which Indigenous people in Brazil live today.