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Full-Text Articles in Law
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, …
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. …