Democracy And Judicial Power
Mostrando 25-27 de 27 artigos, teses e dissertações.
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25. Judicialization of politics in Brazil: the judicial process after 1988. / A judicialização dos conflitos de justiça distributiva no Brasil: o processo judicial no pós-1988
From democratization in the mid 80? on, Brazilian public life has been forced into an increasingly intense process of judicialization. Lack of confidence in representative institutions, a very open-texted charter of social and economic rights, an important political use of the Judiciary by the oppositions, and other related factors seem to be implicated in t
Publicado em: 2006
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26. Magistratura, cidadania e acesso a justiça : os juizados especiais civeis da cidade de São Paulo
The aim of the present study is to analyze the consequences of the movement to broaden access to Brazilian Justice on the judges performance in the smaIl claim courts at Sao Paulo city. At first, this study discusses the historical and theoretical origins of the models that guide the magistrates procedure and the changes on the logical structure of the lega]
Publicado em: 2005
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27. JUDICIAL REVIEW: A THEORICAL PATH TO OVERCOME THE TENSION BETWEEN HUMAN RIGHTS AND POPULAR SOVEREIGN / JURISDIÇÃO CONSTITUCIONAL: A TRAJETÓRIA TEÓRICA PARA A SUPERAÇÃO DA TENSÃO ENTRE DIREITOS HUMANOS E SOBERANIA POPULAR
The power of the Judicial Branch to overule a law enacted by other branches with higher democratic legitimation constitutes a central feature of constitutional democracies. Nevertheless its justification beyond a positivist approach is complex, since judicial review envolves a paradox: at the same time that courts seem to be vital to democracy they also impo
Publicado em: 2003