ADPF 347 AND THE “UNCONSTITUTIONAL STATE OF AFFAIRS” OF BRAZIL’S PRISON SYSTEM -- ADPF 347 E O “ESTADO DE COISAS INCONSTITUCIONAL” DO SISTEMA PRISIONAL BRASILEIRO [PDF]
Espaço Jurídico, 2016 This essay aims at analyzing the main aspects related to a prison system’s lawsuit judged by the Brazilian Supreme Court in which the “Unconstitutional State of Affairs” adjudication technique was firstly examined.
Thiago Luís Santos Sombra
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THE INCREDIBLE SINGLE CASE DOCTRINE: ANALYSIS OF THE STATE OF UNCONSTITUTIONAL AFFAIRS IN ADPF 347
Revista Eletrônica do Curso de Direito da UFSM, 2019 The article intends to make a dogmatic analysis of ADPF 347, a judicial precedent that inserted the category State of Unconstitutional Affairs (SUA) in the interpretative canon of the Brazilian Constitutional Law.
Breno Baía Magalhães
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Macedonian constitutional court and the Prespa agreement unbearable ease of inactivity [PDF]
Bezbednosni Dijalozi, 2021 The Constitutional Court is entitled to play the role of a protector of the Constitution as well as to be an ultimate guardian of the rule of law. Whether and how successful the Macedonian Constitutional Court is in its role is not a question of any ...
Tanja KARAKAMISHEVA-JOVANOVSKA +1 more
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Is the Human Dignity of Those Deprived of Their Liberty Protected in Colombia?
RHS Revista Humanismo y Sociedad, 2022 Human dignity, as the foundation and principle of the Social State of Law, is not the result of chance, it is the outcome of a conceptual, philosophical and theological development and of social and liberal revolutions that accomplished its recognition ...
Héctor Alonso Sepúlveda Patiño
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On the legitimacy of the Constitutional Courts and institutionalization of the right to resistance, with reference to the legitimacy of church authorities [PDF]
Zbornik Radova Pravnog Fakulteta u Nišu, 2014 The concept of legitimacy has a dual meaning: it is both the form of supreme power of the state and the justification of that power. Max Weber distinguishes three types of legitimate authority: traditional authority, charismatic authority, and the ...
Petrović Milan
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UNCONSTITUTIONAL STATE OF AFFAIRS AND THE PROTECTION OF MINIMUM RIGHTS IN BRAZIL
Revista Juridica, 2018 This article aims to examine whether there is a widespread violation of minimum human rights in Brazil, including an unconstitutional state of affairs in relation to some rights. By the deductive analytical method, the article continued a previous research and problematized the issue of the costs of rights and its relation with the protection of ...
MACHADO, Clara +1 more
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La inconstitucionalidad de la detención preventiva en las estaciones de policía
Nuevo Foro Penal, 2018 Considering the deprivation of liberty in penitentiaries and prisons as an unconstitutional state of affairs, as stated multiples times by the Constitutional Court, permanent deprivation of liberty in police stations and URI’s presumes an ...
Maria Paulina Posada Puerta
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A LOOK AT THE UNCONSTITUTIONAL STATE OF AFFAIRS RECOGNIZED BY THE SUPREME COURT OF BRAZIL
RECIMA21 - Revista Científica Multidisciplinar - ISSN 2675-6218, 2023 Approaching factors of multiple orders and touching the national Penitentiary and Prison System is to seek to understand the roots and constraints of the formal and legal structure assumed by penal establishments that, today, are recognized as an “Unconstitutional State of Things” due to decision, in 2020, in the Argument of Non-compliance with ...
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The Conditions for Prisons in Brazil and the Things of State Unconstitutional
Revista de Direito Penal, Processo Penal e Constituição, 2017 The article aims to verify the conditions of penitentiaries in Brazil and its reflection on prisoners. The Federal Supreme Court judgments in Extraordinary Appeal n.
Roberto Correia da Silva Gomes Caldas +1 more
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Iustitia, 2016 El reconocimiento de derechos a favor de la población en situación de desplazamiento se ha logrado, en su mayor parte, a través de los pronunciamientos de la Corte Constitucional; el presente artículo identifica esas garantías, en forma concreta las que
Jairo Ardila González
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