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The Constitution of Brazil: A Contextual Analysis

The Constitution of Brazil: A Contextual Analysis

Author: Virgílio Afonso da Silva
Publisher: Hart Publishing
ISBN: 9781849465359

Published In: May 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509935079

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Contents

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This book aims to offer an original and comprehensive analysis of Brazilian constitutional law and to show how the 1988 Constitution has been a cornerstone in Brazil's institutional stability.

To achieve this goal, the book begins with an analysis of the long road to institutional stability, by presenting a short history of Brazilian constitutionalism, with a special focus on the transition from authoritarianism to democracy which led to the promulgation of the 1988 Constitution.

The following chapters deal with the organisation of powers, beginning with a chapter dedicated to the National Congress, in which the electoral system and the law-making process are analysed; the next chapter presents the peculiarities of the executive power in Brazil: a strong president and the so-called coalition presidentialism; finally, the Brazilian Supreme Court is analysed using three concepts: independence, activism, and extreme publicity.

In relation to the distribution of powers, the following chapter aims to explain Brazilian federalism, showing how federal power-sharing in Brazil functions. The final chapters analyse the protection of rights (with special attention to the implementation of social rights) and the protection of the constitutional order under the 1988 Constitution.

I. An Overview of the 1988 Constitution

II. Fundamental Rights

III. Presidential System

IV. Federalism

V. A Note on Translations and References

1. A Long and Winding Road to the 1988 Constitution:

I. An Overview of Brazilian Political Organisation from 1500 until 1822

II. Brazilian Constitutions Before 1988

III. The Constitution-Making Process of 1987–88

IV. The Legitimacy of the 1988 Constitution

Further Reading

2. The Legislature: Bicameralism, Multipartism, and Ongoing Crisis:

I. Composition, Seat, and Basic Organisation

II. Electoral System

III. Exclusive Powers of the Federal Senate

IV. Parliamentary Immunities

V. Removal from Office

VI. Investigative Powers

VII. Financial Control and the Federal Audit Court

VIII. Ongoing Legitimacy Crisis (But Still Powerful)

Further Reading

3. The Executive: A Strong President and Coalitional Presidentialism:

I. The Election of the President of the Republic

II. Replacement, Succession, Impediments and Vacancy of Office

III. A Strong President Before a Weak Congress?

IV. Brazil's Coalitional Presidentialism

V. Attempts to Change the Brazilian Presidential System

VI. Presidentialism Under Attack

VII. Treaty-Making Power

VIII. Regulatory Powers

IX. The Vice-President

X. The Ministers of State

XI. Impeachment and Removal from Office

XII. Emergency Powers

XIII. Public Administration and Regulatory Agencies

Further Reading

4. The Judiciary: Independence, Activism, and Publicity:

I. The Brazilian Justice System

II. The Brazilian Supreme Court (STF)

III. The Brazilian System of Judicial Review of Legislation

IV. Concrete Judicial Review of Legislation

V. Abstract Constitutional Review of Legislation

VI. An Activist Court?

VII. Functions Essential to Justice

Further Reading

5. Rights: Enforcing Civil Liberties in an Unequal Society:

I. The Bill of Rights of the 1988 Constitution

II. Holders of Fundamental Rights

III. Horizontal Effects of Fundamental Rights

IV. Right to Life

V. Equality

VI. Freedom of Expression

VII. Freedom of the Press

VIII. Freedom of Information

IX. Right to Privacy

X. Freedom of Assembly

XI. Secularism and Freedom of Religion

XII. Property Rights

XIII. Access to Courts and Due Process

XIV. Nationality

XV. Political Rights

XVI. Political Parties

XVII. Treaties on Human Rights

XVIII. The Inter-American Human Rights System

XIX. Constitutional Remedies

Further Reading

6. Beyond Liberal Constitutionalism: Social Rights and the Social and Economic Orders:

I. Social Rights and Social Order

II. Socioeconomic Rights in Courts

III. The Social Order Beyond Social Rights: The Environment and Indigenous Peoples

IV. The Economic Order

Further Reading

7. Federalism: Cooperation and Increasing Centralisation:

I. Centralisation and Decentralisation until 1889

II. Allocation of Powers under the 1988 Constitution

III. Legislative Powers

IV. Policy Powers

V. The States in the Brazilian Federalism

VI. A Three-Tiered Federation: Municipalities

VII. The Federal District

VIII. Federal Territories

IX. Federal Intervention

X. The Federal Senate

Further Reading

8. Law-Making Process and Constitutional Reform:

I. Ordinary Legislation

II. Provisional Decrees

III. Complementary Legislation

IV. Constitutional Reform

Further Reading

Conclusion: Change to Overcome

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