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- CONSTITUTIONAL THEORY AND DEMOCRACY (5)
- SOCIAL SECURITY AND FUNDAMENTAL RIGHTS (4)
- Constitutional Law; Social Security Rights; Brazilian model (1)
- Constitutional democracy. Equality. Representation (1)
- Democracy. Electoral System. Constitutional Principles (1)
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- Democratic responsiveness (1)
- Fundamental Rights. Social Security Rights. Republic. Common Good. (1)
- Fundamental rights. Political rights. Ineligibilities Act (1)
- General theory of law. Normative theory of democracy. Constitutional guarantism (1)
- Judicial activism (1)
- Positive fundamental rights (1)
- Social security. Social Rights. Due Process of Law (1)
- Social welfare law. Cost of social rights. Effectiveness of constitutional law. Current Courts understanding (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon
Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
The Brazilian system of social security rights might be understood from four diferents stages. Three of them yet experienced and one still under development. The first one is the legislative model of pension rights and health rights from the pre-constitutional period. The second one is the constitutional design for social security rights, as set forth by the National Constituent Assembly (1987-88). The third is a liberal model regulating the constitutional rights during the nineties. The fourth is the social security human rights oriented model which is still under development, based upon political critics to the third model and underpinned upon …
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Administrative Arbitrary Embarrassments At Brazilian Social Security Procedures, Carlos Luiz Strapazzon, Maria Helena Pinheiro Renck
Carlos Luiz Strapazzon
Within Brazilian constitutional system, Social Security rights are fundamental rights. However, social insurance is divided into two branches: by one side, Pensions Rights (also called Direitos Previdenciários), by the other, the Social Assistance Rights. The former exists to protect some special rights-holders from several social risks (health, death, injury, unemployment, old-age, etc.), through regular payments made by the State. It works as a public insurance system directed by the Social Insurance National Institute (INSS). This paper maintain that several administrative embarrassments disturb too much seriously a regular acess to those payments by the needy citizens (right-holders). Likewise, it maintains that …
Constitutional Theory And Political Activism: Theorectical And Practical Problems Related To Social Fundamental Rights, Carlos Luiz Strapazzon, Rodrigo Goldschmidt
Constitutional Theory And Political Activism: Theorectical And Practical Problems Related To Social Fundamental Rights, Carlos Luiz Strapazzon, Rodrigo Goldschmidt
Carlos Luiz Strapazzon
The main purpose of this text is to provide a critical discussion about the use, in legal theory, of the compound term ¨judicial activism¨. The institutional environment of analysis of this work is the Brazilian constitutional democracy, its complete system of fundamental rights and mixed model of constitutionality control. The main hypothesis discussed here is that the contemporary theory of democracy and the fundamental rights, in institutional settings such as Brazil, offers less obscure solutions to explain news forms of judicial performance operated to protect fundamental rights to positive actions. For that purpose, the article analyzes the uses of the …
Fundamental Rights And Theory Of Constitutional Common Goods, Carlos Luiz Strapazzon
Fundamental Rights And Theory Of Constitutional Common Goods, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
This article discusses fundamental rights on the ground of republican theory of fundamental rights. Its aims to provide connections between fundamental social rights and the notion of the constitutional common good. The criticisms and justifications are grounded in a neorepublicanism political theory of the Constitution. The paper starts with the analysis of legal concepts established in the normative material, to follow an empirical adequacy, based on case law, and develops argumentative criticism from various theoretical references relevant to fundamental rights.
Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon
Political Moralism And Restrictions To Fundamental Rights, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
Brazil has approved an Election Law known as "clean record" or "clean political career" Act (LC 135, 04/06/2010). This Act establishes ineligibility cases designed to prevent public administration against non ethical practices. It raises several constitutional troubles because it restricts basic civil rights of citizens not yet definitively condemned by the Courts as well as it has entered into force without respecting the minimum period required by art. 16 of the Constitution. Moreover, it does not respect the non-retroactivy rule, since it interferes with political rights of citizens from two years before its entry into force. There is, as seen, …
Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon
Constitutional Democracy And Women Structures Of Opportunity, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
This article is concerned to the concept of political inclusion. The first part investigates the relations between democracy and inclusion from a contemporary theoretical framework. The second part presents an unprecedented organization of electoral data from around the world, as well as results of local, state and federal elections in Brazil during the 90's in order to discuss its impacts on female political empowerment. The last part discusses the shortage of women inclusion. It aims to provide clarification to some challenges to brazilian democracy political system and the right of equal consideration of interests.
Principia Iuris: A Normative Theory Of Law And Democracy, Carlos Luiz Strapazzon
Principia Iuris: A Normative Theory Of Law And Democracy, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
In his new Principia Iuris, Luigi Ferrajoli proposes a broad conceptual review of the main categories of legal theory and conducts a conceptual integration of public and private law in order to provide a new integrated model of legal science. The author reformulates legal theory from a fresh perspective of deontic theory, political theory, legal language theory and positive law theory which could be consistent with the Constitutional State of Law. Guided by a methodology of logical positivism, his central thesis emphasizes that the essence of contemporary social constitutionalism is the regulation of legal meanings through substantive rules (based on …
Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon
Fundamental Social Rights, Social Security And The Costs Of Social Rights: Brazilian Cases, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
Brazilian Courts, in order to guarantee social rights, should take into account the scarcity of resources and the principle of equality so as not favoring anyone with features that are intended for everyone. Given this limitation, how the Judicial Power might act with respect to the realization of social rights? It has down increased attention how, in Brazil, the Judicial Power, especially the Supreme Court and the Superior Court, have interfered in Executive discretion so as to protect social rights, as health rights or educational rights. This article aims to explain how it occurs in Brazil and verify, on the …
Electoral Systems And Its Constitutional Principles, Carlos Luiz Strapazzon
Electoral Systems And Its Constitutional Principles, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
Those who must have the right to vote must have the right to a fair representation as well? This article discusses widely acknowledged principles concerned on how the electoral districts, the parties and even the ballots should be shaped. It also offers a theorectical approach to the problem concerning the formula for converting votes into seats in representative bodies. These are pivotal questions which have stimulated new studies throughout the democratic world. All of them require convincing answers because the legitimacy of democratic institutions depends, in a large extent, from the correctness of the answers to this set of themes. …