There is a close bond of interdependence between State, Constitution, Democracy and Human Rights. Based on this intrinsic relationship, international bodies, such as the Inter-American Human Rights System have built substantial standards of the democratic rule of law in the region. Within the material nucleus of democracy there are judicial guarantees -especially those contained in...
Impeachment, public budget and accountability
The presidential appropriation is an ordinary instrument in the government’s activity to allow the Executive Branch to spend money without the participation of the Congress. The research analyses the presidential appropriation of the presidents of Brazil since 90’s. The central question studied is: Will the government, the parliament, the Union Audit Court accept a new...
Inter-American dialogues: searching for common and shared standards of democracy
Human rights, democracy and the rule of law appear in the international human rights system at the same time as cause and consequence of its expansion. Within these inflows, the Inter-American System emerges with the intention of corroborating and consolidating the democratic transition of the states of the region. These pretensions support the structure of...
Judicial guarantees in the process of Brazilian impeachment: the opinion of the Federal Supreme Court
Brazil, in the last 30 years, has already gone through the impeachment of two presidents (Collor in 1992 and Dilma in 2015). Before and during the impeachment process of President Dilma, the discussion on judicial guarantees and respect for due process were referred to the Federal Supreme Court at ADPF 347, which sought to analyze...
The rhetoric of crisis in Constitutional Law
The Constitutional Law has among its duties to deal with political and juridical crisis. That’s the reason why it provides some mechanisms such as impeachment, martial law, etc. The logic is that in periods where the law is challenged, some exceptional tools are required. However, the rhetoric of crisis is increasingly, and brings the defense...