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University of Miami Law School

2011

Comparative and Foreign Law

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Full-Text Articles in Law

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn Jan 2011

Procedural Protection Of Constitutional Rights In Brazil, Keith S. Rosenn

Articles

Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights …