Expansion Of Constitutional Jurisdiction
Mostrando 1-6 de 6 artigos, teses e dissertações.
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1. Constitutional materialization, judicial activism and collective protection / A concretização constitucional, o ativismo judicial e a tutela coletiva
The present work aims at theoretically analysing the downfall of positivism and the emergence of neopositivism, philosophical current in which neoconstitucionalism is found. From the neoconstitucionalist ideals this work intends to show a new concept of constitution linked to the normative strength to demonstrate that the constitutional rules which express i
Publicado em: 2010
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2. THE ROOTS AND THE GROUNDS OF BRAZILIAN JURISDICTIONAL ACTIVISM / AS RAÍZES E OS FUNDAMENTOS DO ATIVISMO JURISDICIONAL BRASILEIRO
This work aims to understand the origins and grounds of Supremo Tribunal Federal´s jurisdictional activism, that has been increased since Emenda Constitucional 45/2004. By relating it with the context of tensions between constitutionalism and democracy, it has been demonstrated that the consolidation of a democratic constitutionalism, which has taken to the
Publicado em: 2009
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3. CONTROLE JUDICIAL DE CONSTITUCIONALIDADE E ATIVISMO JUDICIAL PROCESSUAL / JUDICIAL REVIEW AND PROCEDURAL JUDICIAL ACTIVISM
Judicial review of legislation originated in the United States of America with the ruling in the Marbury v. Madison case, back in 1803. The expansion of judicial activity into domains not originally imagined by the ideologues of judicial review will be expounded by means of a retrospective analysis of doctrine and case-law arising from said ruling in the USA
Publicado em: 2008
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4. Jurisdição constitucional e teoria política da democracia : comissões parlamentares de inquérito
It is growing the expansion of the sphere of action by Judiciary Power in the World and, especially, in Brazil, through the control, not only in individual controversies, but matters and eminently political questions too, before restricted to Legislative and Executive Power. This phenomenon is known judicialization of politics. By this way the present work a
Publicado em: 2008
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5. Jurisdição Constitucional internacional: O Acesso à Corte Interamericana como Garantia Constitucional
The right to international justiciability of human rights is the main subject of this thesis, which analyses if the protection given by the Inter-American Court of Human Rights is a constitutional fundamental right and, therefore, an obligation that Brazilian state is dutybound to. The right to international justiciability of human rights lies between the mo
Publicado em: 2006
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6. Nova competência da Justiça do Trabalho
After the conclusion of the Judiciary Reform, through Constitutional Amendment 45, dated December 8, 2004, it is worth pointing out among other profound innovations, the significant expansion of the Labor Courts jurisdiction, with the new redaction given to Clause 114 of the Federal Constitution. For a Court of law until recently on the brink of extinction,
Publicado em: 2006