Navegando por Navegando por Palavras-chave "Constitutional jurisdiction"
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ItemA adequação de um modelo de Constituição dirigente ao Direito Penal brasileiro(2012-04) Sganzerla, Rogério BarrosDirigisme Constitutionalism deserves highlight today, mainly in Brazil, due to its power to alter reality through social policy standards present in the Constitution. But however it is understood that this constitutional dirigisme may have succumbed, it is necessary that this pragmatism suits to the Brazilian reality, whose criminal system still depends on several settings. For this, will be considered three main issues: language as stifling defense of the accused, the position of the prosecutors in the courtrooms and the need for public policy of abortion. In this attempt, the present object is to review how the criminal justice system still abdicates that role and how is it necessary to revise the criminal law in order to conform to this vision leader that Brazil must both seek ItemA democratização da jurisdição constitucional: instrumentos de participação social(2011-05) Menezes, Fernando Henrique PizziniThis study aims to examine the constitutional jurisdiction under the post-positivist perspective with emphasis on the judicial review. The post-positivism broke the paradigms of traditional constitutional law giving the Judiciary a great political rising underlining the difficulty of judicial review. Moreover, the various manifestations of the constitutional jurisdiction pushed away the common citizen of the Supreme Court, transforming it in a single Court. New aspects of the judiciary, especially the Supreme Court, have generated a democratic deficit in the constitutional jurisdiction. This democratic deficit creates an imbalance between the two dimensions of a democratic state, where democracy is at a disadvantage in relation to the constitutional ideal. In an attempt to reduce the democratic deficit of the constitutional jurisdiction, this work rests on the importance of strengthening the instruments of social participation in the judicial review: amicus curiae, public hearings and site visits. In addition to rebalance the rule of law, strengthening of these tools brings the rationalization of decisions in place of concentrated control, since it promotes an exchange of experience between the judge and the reality allowing them deliver more effective decisions. ItemJurisdição constitucional e o sistema político-representativo: uma análise do papel do Supremo Tribunal Federal para a consolidação da democracia(2010-09-17) Oliveira, Ana Claudia Beppu dos SantosConstitutions arose as a proper tool to establish and legitimize the government bound to the sovereign will of the people. Currently, Constitutions are also guarantors of political, social, economic, cultural and diffuse rights. The constitutional concept is founded on the idea of supremacy of the Constitution, and from this idea, results the judicial review of laws. After the middle of the twentieth century, the judicial review was expressly incorporated into various jurisdictions. There is, however, a strong democratic objection to the judicial review, under the rationale that judges are not elected by popular vote and therefore could not control rules issued by those to whom the people delegated the exercise of political power. In this debate, one can identify three positions: a more radical one, defending the judicial self restraint, and two others advocating the legitimacy of the judicial review by the judicial procedure (to preserve the integrity of the democratic process) or by substance (to ensure moral rights to individuals, aimed at the collective welfare). Despite this discussion, the possibility of judicial review is confirmed in the Brazilian legal system since the Constitution of 1891. Under the 1988 Constitution, the task of "guardian of the Constitution" rests with the Federal Supreme Court, which exercises it both by means of concentrated control or when it analyzes, in the higher instance, constitutional issues raised in the sphere of diffuse control. It is worth mentioning that STF is not far from its function of protecting the Constitution, even when it performs other roles conferred on it. From the analysis of decisions issued by Federal Supreme Court in hard cases regarding the political-representative system, this thesis aims at inquiring how the Federal Supreme Court understands its institutional role in defining political issues and to what extent the constitutional jurisdiction contributes to the maturing of the Brazilian democratic system.