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The paper studies Felisbelo Freire's 1894 book on the History of Brazilian Republican Constitutional Law, which is actually a critic against the imperial regime and an apology for the republic. Albeit Freire's book was entitled as a Brazilian Republican Constitutional History, the paper assumes that it does not follow or exposes an analytical scheme of Constitutional subjects, which somewhat confirms the comprehension that Constitutional Law is far more politics than a set of normative and dogmatic references. [ABSTRACT FROM AUTHOR]

The present paper deals with the importance that tax law had, has and will continue to have for the Brazilian Supreme Court, both from a quantitative and qualitative perspective. However, the core idea is that it is time to harmonize the treatment of tax law cases with the Court's numerical judgment capacity, in order to prioritize quality rather than quantity. The thesis is that is the only way to deliver expeditious trial and legal certainty to tax judicial claims, to help to reverse numerical crisis of general repercussion of constitutional issues and to open space in the future agenda of the Court's for other equally important constitutional matters. To this purpose, the first part of the paper highlights the relationship between tax law and constitutional law in the brazilian judicial debate, focusing on the importance that the tax cases discussions had and still have for the enhancement of the judicial review instruments used by the Supreme Court after the Brazilian Federal Constitution of 1988. The second part provides a diagnosis of the impressive quantitative importance that this matter has taken nowadays, especially by emphasizing the excessive number of appeals with general repercussion of constitutional issues recognized by the Court waiting for a trial. Finally, taking some cases as examples, the last part of the paper proposes some standards that can be used by the Court in the selection of general repercussion of constitutional issues cases from now on, in order to promote a more realistic and therefore minimalist version of the Court's future agenda in this area. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyze the changes brought within the installation of the Power Plant Corumbá IV, in Midwest of Brazil. It is observed that different modes of symbolizing the territory and its resources are in competition, notably, among peasant, governmental agencies, environmentalists and entrepreneurs. The hypothesis of this article is that the hydroelectric plant produces a semantic spectrum itself. Roughly speaking, this paper attributes to hydroelectric context values and morals that make a polysemic order from moral relations. The heterogeneity of the actors involved and the variety of events make up the complex interactions around the reality of the dam, forcing the actors to reorder their positions and prospects, building a new discursive order (perhaps a new semantic spectrum). The analytical perspective of this article is linked to the anthropology of bureaucracy. [ABSTRACT FROM AUTHOR]

The aim of this paper is to articulate some elements that allow an understanding, albeit panoramic, the meaning of the roles that the black worker has been playing in the larger set of work history in Brazil. More than that, the development of such a proposal would allow a more accurate one target of the importance of inserting black people in the labor market in post-abolition Brazil, the central role that education holds in the possibility of allocating better positions and better jobs, besides the participation of black people in the consumption of cultural goods and a greater flexibility in the structure of social mobility. Finally this paper discusses the role of legal frameworks to fight anti-discrimination in the labor market in Brazil. [ABSTRACT FROM AUTHOR]

The Brazilian Supreme Court (STF) has consistently overruled Federal Court of Appeals (STJ) decision to extend 1979 Amnesty Law benefits to Seamen and Petty Officers who had attended the 2th anniversary of their Association, on March 25, 1964. This paper analyses the STF decisions using two methodological assumptions. First, it understands jurisprudence as a literary genre. Second, it examines the case as a network of precedents. It means that, although it doesn't have a straight binding precedent, later decisions appeal to former ones to build the case. The paper does not address the justice of the STF decision, but the mechanisms that allow the Supreme Court deciding the case using a narrow, literal, conservative meaning of Amnesty Law. Finally, the article proposes some hypotheses to be further developed on future research. [ABSTRACT FROM AUTHOR]

This paper aims to study the issue of a process judged in a reasonable time frame and what criteria can be used to define it, both in the Brazilian judicial order and the Inter-American Human Rights System. It will also examine other international systems' definitions of reasonable time to compare them with the Inter--American System. Finally, the paper concludes that reasonable time is fundamental in order to protect human rights. [ABSTRACT FROM AUTHOR]

This paper analyzes the proportionality in the doctrines of Robert Alexy and normative jus-humanism in the context of the Rights of Personality in Brazilian Law. In this sense, we first present the Rights of the Personality in its civil-constitutional bias in Brazil, and then approach the relationship of Personality Rights with the concept of proportionality in the doctrine of Robert Alexy. Subsequently, we deal with the application of proportionality in Brazil and its relationship with normative jus-humanism. Finally, we conclude that, in trying to apply Alexy's proportionality, the Brazilian Superior Courts actually apply normative jus-humanist hermeneutics, incorporating the human dignity as a limit of restriction to the Rights of the Personality in conflict. [ABSTRACT FROM AUTHOR]

This paper examines the effects produced by Brazilian Supreme Court's decisions on constitutional matters, before and after the New Procedural Code (Law n# 13.105/2015). It demonstrates that the new code increases the hypothesis of binding precedents and explains their use with basis in four concepts: ratio decidendi (holding), obiter dictum, distinguishing and overruling of judicial precedents. The article concludes with an analysis of the positive and negative aspects of the new code on this matter, and about its consequences to the relationship between the Brazilian Supreme Court and the others Brazilian judges and courts. [ABSTRACT FROM AUTHOR]

This paper aims to demonstrate the roots of the Brazilian Judicial Activism, as a phenomenon provided by distorted understanding of the application of the constitutional principles, placing emphasis firstly, on its incongruity idea of Judicial Discretionary, secondly, the production of an unrealistic criminal policy. [ABSTRACT FROM AUTHOR]

New Perspectives on Public Policy Education: the path of the Municipality of Rio de Janeiro in Socio-Educational Services in Open Environment. The Right of the Child and Adolescent jusphilosophical presents as a guideline, in this Constitution, the principle of Integral Protection as the guiding definition of rights and its impact on public policies that care for the human person in peculiar phase of development. This universal service specializing in the System of Warranties Rights protection regular assistance to the new generation on the violation of rights and protection aimed at this population when in conflict with the law, by means of an offense. The educational measure arises as a means of redirecting the individual subjected to it, nurture the responsibility for the damage caused and promote educational-training process aiming at social inclusion. This paper performs a brief study on the Socio-Educational Assistance Policy in Open Mode developed by the municipality of Rio de Janeiro. The study focuses on the trajectory developed by this federal entity, since the publication of the proposal to the implementation of this policy. The importance of this study it is because it is new municipal jurisdiction, helping to make public policies for youth in conflict with the law, the right to education foundation, guided by the purpose of development of the human person, infantoadolescente. [ABSTRACT FROM AUTHOR]

This paper analyzes the clash between manufacturers of new drugs and its regulating institution, Anvisa on the registration procedure of generic medicines in the perspective of the justice theory presented by Michel Walzer. The entry of generic medicines in the Brazilian market is part of the National Drug Policy and aims to increase the supply and to reduce prices by encouraging competition. However, those who are developers of medicines, even after the end of the patent, are seeking to prevent this entry based on the argument that they are required to conduct complex clinical trials to register their drugs, while generics laboratories are exempt from these tests. Accusing that it configures unfair competition, innovative laboratories intended to prevent ANVISA to continue allowing the registry of generic medicines, which would have significant impact on National Drug Policy. The central issue is to discuss this claim from the point of view of the justice theory of Michel Walzer, based on the concept of complex equality. [ABSTRACT FROM AUTHOR]

This paper analyzes the discursive strategies that made the "parliamentary solution" of 1961 a possible response to the political and constitutional crisis initiated by the resignation of President Jânio Quadros and the military veto to the swearing-in of Vice-president João Goulart. Analyzing the ideological aspects and "strategic uses" of the debate over systems of government in Brazil between the promulgation of 1946 Constitution and Jânio's resignation, we seek to explore the central features of this discussion and explain how this arrangement presented itself as a plausible alternative in that particular historical situation. [ABSTRACT FROM AUTHOR]

This paper's objective is to analyze the possibilities of defendant class actions usage in the Brazilian legal order. Based on two central ideas of the current stage of law's practice - the right's generations and the process's instrumentality - and through comparison between the Brazilian and American models, it was analyzed, at first, the distinctive notations of this legal institute. Next, we intent to build an argument that will support the compatibility of the defendant class actions with the Brazilian process. This argument goes from some solid conquests in contemporary theory of law, such as the ideas of normative force of the Constitution and its subsequent central role in the legal order and get to the necessary conclusion that the adoption of the defendant class actions, in addition to a mere possibility, emerge as a real imperative. [ABSTRACT FROM AUTHOR]

The paper discusses how the operative technique of weighting between constitutional principles has been used by the Brazilian Supreme Court, having as object of analysis the so called Case Ellwanger and drawing upon of the arguments of John Rawls and Alasdair MacIntyre in the criticisms made, respectively, to the intuitionism and emotivism. [ABSTRACT FROM AUTHOR]

The present article aims to understand and analyze social policies concerning the environment, specifically on the management of solid waste in the Distrito Federal. At first we introduce the concept of public policy, its evolution, its actors and stages of formulation. The second topic provides the definition and classification of solid waste. In the third topic, shows the evolution of public environment policies in the world. Then, the evolution of public environmental policy at national level. Later, as it develops the issue of solid waste management in the Distrito Federal. Finally, there will be an evaluation of the suggested public policy for the management of solid waste in the Distrito Federal. At the conclusion, in addition to general observations about the various aspects covered in this paper, it is verified that there is little being made by the public policies developed on this theme. [ABSTRACT FROM AUTHOR]

This paper analyzes the difficulties found in the achievement of some of children's and adolescents rights, which were already enacted by Resolution n.41 of CONANDA, at Brasília's hospitals. It also evaluates the current situation of (medical) care of hospitalized children and teenagers. [ABSTRACT FROM AUTHOR]