Search

Copyright of Quaestio Iuris (QI) is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In judicial processes involving indigenous peoples, it has become increasingly recurrent to integrate special mechanisms to allow for dialogue, and the interpretation and translation of the cultural differences of the indigenous worlds before state justice operators. Expert appraisal is one of these devices that summon the anthropological discipline to the courts. The purpose of this article is to show how expert opinion is a device of professional practice for the intervention of anthropology in processes of demand for justice intended to guarantee the understanding of cultural and social diversity. The arguments and elements detailed in the article are based on a research experience involving the Arhuaco indigenous people of the Sierra Nevada de Santa Marta in Colombia between 2018 and 2020, the documentary/bibliographic analysis, and the study of the judicial file related to the facts concerning the retention, torture, and death of three Arhuaco indigenous authorities that occurred in 1990. The article concludes that anthropological expertise is a device of disciplinary practice that can support the demands of indigenous peoples for access to justice and, therefore, to the understanding of cultural diversity in the courts. Its production and the associated epistemological, political, and intersubjective relationships merit further disciplinary analysis. Finally, revealing the methodological process of the elaboration of an anthropological expert opinion, its adaptation to the demands of justice, and the gaps of a particular judicialization process, as well as further exploring the questions posed by anthropology, are discussed in the article as a relevant and pertinent exercise for reflection on the practice of the discipline in judicial scenarios.

Scholars consider deficient local accountability mechanisms a key shortcoming of China's response to environmental issues. Through empirical analysis of the new procurator-led public interest litigation (PIL) system, this study examines whether – and to what extent – this shortcoming can be remedied by empowering the juridical institutions. It concludes that thanks to the procuratorates' political insider status, relative autonomy from local politics and extensive resources, procurators have generally found ways to maintain a delicate balance between holding executive agencies environmentally accountable and managing local governments' resistance to the PIL system. However, reliance on top-down political support may ultimately hinder the expansion and stability of the procuratorial PIL system. [ABSTRACT FROM AUTHOR]

The World Health Assembly has encouraged WHO member-states to establish capacity in health technology assessment (HTA) as a support for achieving universal health coverage (UHC). Simultaneously, the WHO has stated that UHC is "a practical expression of the concern for health equity and the right to health." This has prompted questions about potential tensions between priority-setting efforts and the right to health on the road to UHC. South Africa (SA) is an ideal setting in which to explore how the priority-setting work of an HTA body may be integrated with an existing rights framework. [ABSTRACT FROM AUTHOR]

Copyright of Polis (07176554) is the property of Polis - Revista Academica Universidad Bolivariana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Thesis Juris is the property of Revista Thesis Juris and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Ebisu is the property of MAISON FRANCO-JAPONAISE, Bureau français and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Anuario de Psicología Jurídica is the property of Colegio Oficial de Psicologos de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Espaço Jurídico: Journal of Law is the property of Espaco Juridico: Journal of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In a context in which mining extractivism is expanding in Latin America, this article deals with the collective action agendas that local populations in the southern Andean region of Ecuador have followed to defend water against the Rio Blanco and Loma Larga projects in Quimsacocha, located in the Cuenca canton, Azuay province. Within such agendas, an injunction was filed in the courts, which obtained a positive ruling and managed to stop the Río Blanco project, and two popular consultations were held – Girón and Cuenca. These experiences are part of what we will call processes of juridification in defense of water, in which visions and ontologies about the human-nature relationship are disputed. To compile information, we resorted to in-depth interviews with community members and members of ecological collectives, social mapping and document review. This article discusses the complexity of the demands against mega-mining in legal terms and the power dynamics that are interwoven in the enforceability of collective rights and the rights of nature. It also analyzes the support offered in the legal sphere to processes of juridification by mobilization actions that take place in parallel. The article contributes to critical debates on environmental justice and water justice.

In this article, we have been motivated by the need to address a little-studied aspect of extractivism in Latin America: the colonial foundations of the regulatory framework of corporate mining and the limits of the judicialization of human rights in order to achieve transformation. Our analysis draws on theoretical references from the field of strategic litigation, the origins of international law and decolonial studies. We used a multiscale methodology that took Guatemala and Colombia as case studies at the national level and the Inter-American System of Human Rights at the international level. At the same time, we wove an interdisciplinary dialogue between authors with different backgrounds and integrated a variety of academic sources and judicial sentences. Thus, we constructed from the most relevant sources a colonial genealogy of mining regulations and their continuity in the republican and contemporary regulations in the countries in question. In addition, we identify common patterns in the judicialization of mining conflicts at the domestic and inter-American levels and demonstrate their ineffectiveness in the modification of the regulations governing mining. We conclude with a reflection on new theoretical and methodological paths both in legal practice and in applied theoretical research, possible horizons for the decolonization of law and, in particular, mining law.

Copyright of Revista SAAP is the property of Sociedad Argentina de Analisis Politico and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The changes that occur in modern society, sometimes require regulation by the Legislature and action by the Executive, which does not always happens satisfactorily, which is the reason of an increase in lawsuits related to these omissions and incorrect operation of the institutions. This phenomenon is known as judicialization. When this occurs, it is up to the Judiciary intervene, by means of its decisions, acting in a more creative and participative way, by means of judicial activism, aiming at the implementation of the constitutional principles. However, such decisions are often not well accepted by society and the institutions, in most cases, in a way that may not be fulfilled. An instrument to be used to ensure the effective enforcement of these decisions is the use of structural reforms. Such measures were used primarily by the US Supreme Court, in the fifties, to oblige the society and the institutions to comply with controversial decisions, and recently, in a timid manner yet, began to be used by the Brazilian Federal Supreme Court. The present research aims at discovering how the structural reforms can be used also by the judge of first degree as a form of guarantee of the effectiveness of their decisions. It is understood that the first-degree magistrate may act in a more activist way and use the structural reforms to ensure that the author reaches his claim, only if the applied measures are proportional and can not be replaced by less severe measures, as well as do not generate excessive injury to the defendant, and allow him to understand why he is being hit by such measures. [ABSTRACT FROM AUTHOR]

This article addresses the judicialization of domestic violence in East-Timor, discussing the victimization and individualization of these conflicts which emerge in relational contexts. On an ethnographical approach of institutional care practices with women sheltered, I reflect on their trajectories facing the discourses and practices of a local NGO, resorting to the literature of Brazilian anthropology. My argument is that domestic violence can be better understood both critically and analytically if we consider the communicational aspect of physical power in the (re)production of engendered representations of subjects and their social fantasies. [ABSTRACT FROM AUTHOR]

Judicialization scholarship suggests that states must seek the de‐judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some states seek a de‐judicialization yet others increased judicialization of dispute settlement mechanisms in their pursuit of regulatory space? This article advances a twofold argument. First, the concept of judicialization has been erroneously conflated with state perceptions of regulatory space under dispute settlement mechanisms. States aspiring to consolidate regulatory space may pursue de‐judicialization and increased judicialization alike. Second, states' preferences for de‐judicialization or increased judicialization to regain regulatory space should largely depend on conceptions of legitimate international law as either intergovernmental contracts or cosmopolitan quasi‐constitutional order. The article illustrates these arguments at the example of US and EU efforts to reform the Dispute Settlement Body of the World Trade Organization and investor‐to‐state dispute settlement. Both seek to increase regulatory space. Yet, the USA pursues de‐judicialization while the EU promotes judicialization. [ABSTRACT FROM AUTHOR]

This special issue is composed by six papers whose first versions were presented at the Oñati workshop Social Control, Judicialization of Social Problems and Governance of Security in Comparative Perspectives held at the IISL in July 2019. They are preceded by this introduction, where we contextualize the development of social control studies, pointing how they were originally framed as criminalization in the Global North and how the new millennium brought us an increasing number of studies discussing both criminalizations (in the plural!) and forms of judicialization and governance operating through regulatory, administrative, civil and hybrid legal regimes. By putting together articles about different contexts and jurisdictions into conversation, we hope to illuminate how legal orders (State-based or not) are mobilized to govern security and social problems, creating more nuanced categories and analytical tools to help thinking and resisting to penalization processes of any kind, anywhere, anytime.

With the outbreak and devastating spread of the SARS-CoV-2 pandemic, different forms of containment methods have been implemented across Latin America that have radically and rapidly transformed public health approaches. The purpose of this paper is to provide a preliminary delimitation of the problem of person-to-person accusations and complaints in proximity contexts under the confinement regime in the metropolitan area of Buenos Aires (AMBA). This paper examines three issues: 1) anthropological perspectives on judicialization; 2) the broad-ranging consequences and paradoxical effects that accusations, denunciations, and judicializations have been proven to cause for the well-being, health, and survival of affected individuals and social groups; and 3) the particularities that anthropological work assumes in highly normatized, sanctioned, and criminalized contexts. This article addresses heterogeneous materials: historical background, anthropological arguments, research results, media information, regulations, etc., to analyze the case of the AMBA. Specifically, the text focuses on the practices employed during the months of the initial period of confinement in AMBA, from March 20 to November 9, 2020. This analysis sheds light on the ways in which proximity accusations and allegations lead to the fragmentation of social fabrics, deepen inequalities, and accentuate uncertainty about social responses to possible infection and death. They also compromise and distort epidemiological, preventive, and care strategies. While legal actions of the same type have taken place for other ailments and epidemics, proximity accusations and allegations, in this case, are understood as enabled and legitimized strategies that express and translate deep transformations —at the micro-scale of isolation— of the links between public health, legislation and security forces in social confinement regimes.

Law and politics scholarship has been preoccupied with judicialization of politics, often treated as a linear, intensifying trend. This article, however, argues that the rise of populism, particularly East-Central European authoritarian populism, has brought new dialectical dynamics to the judicialization narrative. I examine the relationship between the populist rule and the judicialized structure of governance, and revisit the judicialization theories by providing a conceptual toolkit for analysing the populist backlash against judicialization. The populist ideology suggests that populists should seek de-judicialization. Analysis of Hungarian and Polish cases, however, shows that populists combine different short- and long-term strategies seeking de-judicialization of politics and extreme politicisation of the judiciary, subject to the scope of populists' power and developments in time. Consequently, constitutional courts captured by populists are not always muted. They can be actively exploited for advancing the government's agenda. These measures affect the judicialized triadic structure of governance, normally consisting of the government, the opposition, and an impartial constitutional court. Depending on the techniques employed, the populist court-curbing can lead to a partial return to the dyadic structure, deformation of the triadic structure, and, in the long-term, to the 'charade' triadic structure turning the constitutional court into an inferior actor. [ABSTRACT FROM AUTHOR]

The article deals with ethnic-racial quotas, based on a black critique of hermeneutics that understands structural and institutional racism, as well as the relationships of inequalities in cultural and social status in the dialogue with the Judiciary. In this process, the hermeneutic phenomenology is used, starting from a literature review, as well as the study of the concept of legal-democratic revolution. In this process, an interpretation of the votes in the Action for Non-Compliance with the Fundamental Precept 186 is proposed in order to understand the conflicts over the recent implementation of the racial hetero-identification Commission. [ABSTRACT FROM AUTHOR]

Third-wave democracies have massively adopted mechanisms of judicial review, notably constitutional courts, considered key institutions of successful democratic transitions. By preventing abuses of the constitution and safeguarding people's rights, they act as a bulwark against the claims of potential autocrats. In Thailand, the 1997 democratic transition led to the adoption of a powerful constitutional court tasked with safeguarding democracy from the threats of populism, corruption, and authoritarianism. Yet since its inception, the court's record has been puzzling. It has dissolved most, if not all, of the pro-democracy, anti-military political parties, dismissed all elected prime ministers, and paved the way for two military coups. In short, against established theories linking constitutional courts to democratization, the introduction of constitutional review in Thailand has led to democratic breakdown. To make sense of this puzzle, this article will investigate three variables of the court--strategic interests, ideologies, and institutional design--within the larger bureaucratic structure of the Thai state, to account for the anti-democratic behaviour of Thailand's Constitutional Court. This piece considers materials in Thai and English. [ABSTRACT FROM AUTHOR]

A qualitative study of twelve student conduct administrators sought to capture their lived experiences relative to the impacts of federal and state regulation, case law, the media, attorney encroachment, parental involvement, and the use of litigation to supersede traditional processes on their professional work and personal lives. The interviews invited participants to share personal narratives about their lived experiences and led to the discovery of seven themes pertaining to the judicialization of their work: (1) communication, (2) conservative decision making, (3) mental health concerns, (4) responding to perceptions of what student conduct is, (5) the role of campus legal counsel, (6) the shift from being student-centered to process-centered, and (7) impacts of students' attorneys. Findings revealed that although this phenomenon has created harms for these practitioners, it has also allowed them to develop strategies for wellness, self-care, and sustainability in the profession. [ABSTRACT FROM AUTHOR]

Copyright of Revista Direito GV is the property of Fundacao Getulio Vargas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cadernos de Gestão Pública e Cidadania is the property of Fundacao Getulio Vargas, Escola Brasileira de Administracao Publica e de Empresas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Historia Agraria is the property of Historia Agraria and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Historia 396 is the property of Pontificia Universidad Catolica de Valparaiso, Instituto de Historia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pensamiento Jurídico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Antípoda is the property of Universidad de los Andes and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In Latin America, 'judicialization' for access to healthcare refers to thousands of different claims, conditions, technologies and circumstances. Its impact depends on what is 'judicialized', why, for which benefit, and at what cost to society. Since judges cannot, by themselves, reduce medical uncertainty – or price tags – their health systems are exposed to costly adjudications based solely on interpretations of right to health, or life. The result is a low-governance, inefficient system for deciding coverage. We reviewed lists of judicialised medicines in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay, dividing them into types A, B and C. We propose a debate by type, and that judges, facing litigation type-C, consider mandating coverage conditional on results, as requisite for reimbursement. [ABSTRACT FROM AUTHOR]

This article aims to outline the path that led to access to justice from a formal perspective to another based on a fair legal order. Anchored in bibliographical and documental research, the work locates the origin of access to justice in the context of the formation of the liberal State, after the collapse of absolutism, and discusses the contribution of the Florence Project to its expansion. It outlines the evolution in Brazilian legislation, demonstrating how it came to be equated with access to the judiciary, leading to the growth of judicialization. It concludes with the strategy for promoting access to a fair legal order, normatively introduced by the National Policy of adequate conflict management, established by the National Council of Justice. By this means, the article highlights the importance of the effective implementation of the aforementioned policy, given that it will provide conflict with solutions marked by their effectiveness, suitability, and timeliness. [ABSTRACT FROM AUTHOR]

Copyright of Cadernos PAGU is the property of Universidade Estadual de Campinas - Portal de Periodicos Eletronicos Cientificos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study aims to analyze the supply of medicines by the state through the judicialization of demands in the face of possible reserves, this being an offshoot of the realization of the right to health, in consequence linked to human dignity. A research carried out based on recent jurisprudence of the Tribunal Regional Federal da 4° Região comprised the period from 01/06/2014 to 08/14/2014. All hypotheses of negative supply in the period analyzed. The text also seeks to analyze the position of the Court on the possibility of budget limitations reduce the efficacy of the right to health, beyond judicial control of public policies in the face of ineffective provision by the government. [ABSTRACT FROM AUTHOR]

The United Nations Educational, Scientific and Cultural Organization - Unesco, revealed that the pandemic caused by COVID-19 affected more than 90% of the world's students due to the temporary closure of schools (Unesco, 2020). The Federal Constitution of 1988 guarantees the right of all to quality education and recognizes it as a subjective public right, as established by articles 205, 206 and its items VI and VII, both of CF / 88 (Brazil, 1988). The present article, of a documental theoretical nature, presents a qualitative approach and uses the Gramscian theory (Gramsci, 1982) to analyze the democratic educational management, as well as the quality standard of education (Cabral, 2008), which made it possible to verify the influence of capitalist ideology in the Brazilian educational process. Due to the citizens' lack of knowledge about the judicial system (Sadek, 2010) this study aims to discuss the right to education and present the judicialization of that right as a tool of democratic management (Ferreira, 2008) considering the historical context that comprises the decade of 1980 to 2020, in which the guarantee of this right has been increasingly undermined due to the crisis caused by the pandemic of COVID-19.