Tag: <span>Flávia Santiago Lima</span>
CONSTITUTIONAL REFORMS IN TIMES OF ECONOMIC AND POLITICAL CRISIS: THE ROLE OF COURTS
Constitutional reforms often occur under moments of national crisis, mainly economic and political ones. Recent economic crisis around the globe have intensified the adoption of austerity policies, reducing public spending in health system, labor and pension rights. Furthermore, political crisis in the representative government have generated self-protection measures for the maintenance of politicians in office,...
Strengthening the Brazilian “juristocracy“ in self-interest: the engagement of justices since National Constituent Assembly to the Super Supreme Court thirty years later
The paper analyzes the factors that allowed the expansion of the Brazilian Supreme Court since 1988 compared to other branches of government, but also in a concentration of decision-making powers vis-à-vis other judges and courts. Institutional explanations prevail, which credit the strengthening of STF to the Brazilian Constitution. But, in this process, what is the...
Who will protect social rights in times of economic crisis? Exploring the legal parameters of judicial intervention in Brazilian public policies
Are the courts able to defend social rights against the will of the majority powers in times of economic crisis? The legal literature affirms the role of the Judiciary as the guardian of the Constitution and consequently, guarantor of these rights against Government‘s choices. In contrast, empirical studies show that, in analyzing the preferences of...
Who Will Protect Social Rights in Times of Economic Crisis? Exploring the Legal Parameters of Judicial Intervention in Brazilian Public Policies
Are the courts able to defend social rights against the will of the majority powers in times of economic crisis? The legal literature affirms the role of the Judiciary as the guardian of the Constitution and consequently, guarantor of these rights against Government‘s choices. In contrast, empirical studies show that, in analyzing the preferences of...