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- CONSTITUTIONAL THEORY AND DEMOCRACY (2)
- Constitutional democracy. Equality. Representation (1)
- General theory of law. Normative theory of democracy. Constitutional guarantism (1)
- SOCIAL SECURITY AND FUNDAMENTAL RIGHTS (1)
- Social welfare law. Cost of social rights. Effectiveness of constitutional law. Current Courts understanding (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …