Constitutional erosion in Brazil

by Meyer, Emílio Peluso Neder

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Title Statements

Full title :Constitutional erosion in Brazil / Emilio Peluso Neder Meyer.

Summary

"This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru"--

Edition Statements

Publication Date:©2021

Publication Statements

Publisher(s):Hart
Place of Publication:Oxford, UK
Language:eng
Publication Date:©2021

The Physical Object

Description:xi, 238 pages ; : 25 cm.

Edition Identifiers

ISBN:9781509941957, 1509941959, 9781509950508, 1509950508
oclc:on1227269034
LC Classification:KHD2919
Dewey Decimal:342.8102/9

Introduction : Defining Brazil's constitutional erosion -- Transitional constitutionalism : judicial and military attempts at controlling a transition -- Social-democratic constitutionalism : neoliberal unconstitutional politics and socio-economic rights -- Institutional and personal judicial guarantees : judges, inequality and politics -- Judges and courts destabilising constitutionalism -- Subverting the rule of law : the military vs the milícias--Eroding Brazilian constitutionalism -- Moderating powers? : military and judges in Brazilian constitutionalism -- Digital constitutionalism : WhatsApp elections and fake news -- Constitutional resilience against erosion : responses provided for by the 1988 Constitution.

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