Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Constitutional Erosion in Brazil (eBook)


ISBN13: 9781509941964
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £29.69
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in


Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988.

It sets out the following aspects of the constitutional development and erosion:

  • the different phases of the promised transition from military rule to a 'social-democratic constitutionalism';
  • the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship;
  • the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty

Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors.

By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.

Subjects:
Other Jurisdictions , eBooks, Latin America
Contents:
Introduction: Defining Brazil's Constitutional Erosion
1. What is a Constitutional Crisis?
2. Constitutional Erosion
3. Constitutional Crisis and Constitutional Erosion: A Comparative Assessment
4. Brazil Under Bolsonaro: Soldiers as Politicians
5. Armed Forces and Politics: Brazil and Beyond
6. The Structure of this Book
1. Transitional Constitutionalism: Judicial and Military Attempts at Controlling a Transition
1. The Brazilian Dictatorship of 1964–1985 Juridical Apparatus
2. Transitional Justice Processes Shaping Constitutionalism
3. Amnesty and the Federal Supreme Court
4. The Dictatorship of 1964-1985 On Trial
5. Brazilian Institutions Coping with the Inter-American Court of Human Rights
6. The Military in Brazil: From Impunity to Politics
2. Social-Democratic Constitutionalism: Neoliberal Unconstitutional Politics and Socio-Economic Rights
1. Authoritarianism and Neoliberalism
2. Constitutions and Economic Power
3. Transformative Constitutionalism and Transformative Justice
4. Socioeconomic Rights, Constitutionalism and Transition in South Africa
5. Socioeconomic Rights, Constitutionalism and Transition in Brazil
6. Neoliberalism and Transitional Constitutionalism
3. Institutional and Personal Guarantees: Judges, Inequality and Politics
1. Against the Transition: The Lack of Efficient Judicial Institutional Reforms
2. Corporativist Guarantees
3. Operation Carwash: Taming Politics Through Judicial Discourse
4. Operation Carwash Personification
5. From the Bench to Mega-Politics
6. Individualities vs Institutional Behaviour
4. Judges and Courts Destabilising Constitutionalism
1. Deputies and Senators in the Federal Supreme Court
2. The Judicial Oversight of an Impeachment
3. Ruling on Presumption of Innocence: Balancing and Unbalancing Constitutional Rights
4. Imprisoning the Ex-President
5. Constitutional Courts and Political Instability
6. Unstable Constitutionalism in Brazil
5. Subverting the Rule of Law: The Military vs the Milícias Disputing the Constitutional Erosion
1. The Military in Brazilian Post-1988 Democracy
2. Soldiers Returning to Politics
3. Militarised Public Security
4. Supporting Elections via Milícias
5. Constitutional Erosion or Blatant Coups? A Comparative Assessment
6. Fuelling Attacks on Constitutional Democracy
6. Moderating Powers? Military and Judges in Brazilian Constitutionalism
1. An Overview of the Moderating Power
2. Authoritarianism: A Substitute for the Moderating Power
3. The Ghost of the Moderating Power and the Military Elite
4.
1964-1985: Suspension and Return of the Moderating Model
5. Moderating Power Transfer: From the Military to the Judiciary and Back Again
6. A Case of Weak Democracy Syndrome
7. Digital Constitutionalism: WhatsApp Elections and Fake News
1. Capitalism, New Technologies and Democracy
2. Surveillance Capitalism and Instrumentarian Power
3. Politics and Network Propaganda
4. Fake News, Authoritarianism and Political Choices
5. WhatsApp, Elections and Misinformation
6. Controlling Fake News in Brazil
8. Constitutional Resilience Against Erosion: Responses Provided for by the 1988 Constitution
1. Coalitional Presidentialism and Its Misuse
2. The Constant Threat of Impeachment
3. Capturing State Institutions and Fighting the Media
4. Parliamentary Control and the Abuse of Executive Orders
5. On Federalism: The Governors' Reactions
6. 'I Will Interfere!' The Supreme Federal Tribunal Fights Back