Plenal law governs the strongest force that we permit official agencies to bring to bear on indiv... more Plenal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its power to destroy.** The United States has lagged far behind many nations' in its failure to compensate the innocent victims of erroneous criminal accusations. Despite the relatively advanced development of tort law in the United States, no American jurisdiction presently provides for public compensation to an innocent person who has been duly acquitted, or against whom all criminal charges have been dismissed or dropped. 2 Indeed, only the federal government and four states have statutes that in certain circumstances provide for compensation to a person imprisoned after conviction for a crime that he did not commit. 3 Damages resulting from a formal criminal accusation can be
Serie G Estudios Doctrinales Instituto De Investigaciones Juridicas Unam, 1998
SUMARIO: I. La flexibilidad del concepto de federalismo. II. Distribución constitucional de compe... more SUMARIO: I. La flexibilidad del concepto de federalismo. II. Distribución constitucional de competencias. III. La solución de controversias en el sistema federal. IV. La solución de controversias en el sistema federal en Latinoamérica. V. Las lecciones de estas seis experiencias dentro del federalismo.
Brazil has developed one of the most complex systems of judicial review in the world. In addition... more Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights created by the current Constitution are effectively protected by the judiciary. This Article explores the complexities of these constitutional procedures, how they have worked or not worked in practice, and the problems that they have created for the Brazilian Judiciary.
It may be downloaded and printed for personal reference, but not otherwise copied, altered in any... more It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of the editors of Panorama of Brazilian Law. With respect to the online issue, hypertext links to other Web locations are for the convenience of users and do not constitute any endorsement or authorization by Panorama of Brazilian Law. For further information please contact raphaelvasconcelos@panoramaofbrazilianlaw. com.The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the editors. A FINAL FOREWORD "'A Panorama of Brazilian Law' is a step towards realizing a long standing dream: To provide the world with a window to Brazilian law". These were the concluding words of the Foreword I wrote for the collection of essays on various fields of Brazilian law, as co-editor of the "Panorama of Brazilian Law", together with Professor Keith S. Rosenn of the University of Miami, which was published in 1992. 21 years have passed and now a group of the next generation of Brazilian law scholars has undertaken to resuscitate and keep alive the idea of the Panorama by means of a permanent electronic journal. Professor Carmen Tiburcio, who contributed to the original Panorama and later substituted me as head of the Private International Law Department of the Rio de Janeiro State University, together with Raphael Carvalho de Vasconcelos and Bruno Rodrigues de Almeida, both professors of international law at the UFRRJ are leading this important initiative. Today, much more than two decades ago-Brazil, one of the BRIC countries-has become an important player in the international economy and its legal system an important factor in the proper development of international commercial relations. May this effort prosper for years and generations to come.
Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of t... more Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of the Supreme Court, he translates the term recurso de revisi6n as "review appeals."
University of Miami Inter-American law review, 2005
Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of t... more Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of the Supreme Court, he translates the term recurso de revisi6n as "review appeals."
práctica privada legal y es consultor internacional, particularmente en Brasil. Especialista en d... more práctica privada legal y es consultor internacional, particularmente en Brasil. Especialista en derecho constitucional y derecho comparado, se encuentra vinculado a
Resistance to Hapsburg Indian policy was so strong among Brazilian colonists that the Crown was e... more Resistance to Hapsburg Indian policy was so strong among Brazilian colonists that the Crown was eventually forced to repeal this legislation because it could not be enforced. Id. at 137.
Annotated English translation of the 1988 Constitution of Brazil. DOI: http://dx.doi.org/10.17768... more Annotated English translation of the 1988 Constitution of Brazil. DOI: http://dx.doi.org/10.17768/pbl.a0.n0.p383
Boston College International and Comparative Law Review, 1979
During the 1970s the pace of inflation has accelerated sharply in Argentina, Chile, and Uruguay. ... more During the 1970s the pace of inflation has accelerated sharply in Argentina, Chile, and Uruguay. In the 1971-1977 period Chile had an annual average inflation rate of 286.4 percent, by far the world's highest. Argentina was second with an annual average of 174.5 percent, followed by Uruguay with an annual average of 74 percent, and Brazil with an annual average of 28.6 percent. (Ominously, Colombia and Peru, with annual average inflation rates of 22.4 percent and 21.5 percent, respectively, were not far behind.)4 The U.S. reader can obtain a greater sense of perspective by considering the effect these sustained high rates of inflation have had on indexed wages and exchange rates.
THE spectre of Castroism lingering long on our doorstep has focused the anxious attention of the ... more THE spectre of Castroism lingering long on our doorstep has focused the anxious attention of the United States on Latin American problems. Mixing self-interest with humanitarian motives, the United States has committed itself heavily to backing the Alliance for Progress as an instrument for preventing the spread of Communism in the Western hemisphere while bettering the sorry living conditions of the working classes. Among the broad social and economic reforms which it hopes to induce in member countries, the Alliance has attached high priority to tenurial reform and agricultural improvement.' But land tenure reform-large scale changes in existing tenurial patternsis more complicated an issue than is indicated by its advocates, who often project an idyllic Jeffersonian view of nations of yeoman farmers as both their political and their economic goal. 2 In areas where large scale farming is required to maximize productivity, the political goal of widespread farm ownership conflicts with the economic goal of maximum productivity. And in parts of Latin America, 3 particularly those areas dominated by plantation latifundia, 4 the political demand for land reform may represent not so much a craving for land by would-be farmers as a desire for "social justice" by a "rural prole-The Yale Law Journal thanks Professor Charles Reich of the Property Division for bringing this paper to its attention.
64 328 D. Foreign Trade 329 E. Income Taxation F. Investment Incentives 336 * Copyright * 1983 by... more 64 328 D. Foreign Trade 329 E. Income Taxation F. Investment Incentives 336 * Copyright * 1983 by Keith S. Rosenn. ** Professor of Law, University of Miami. The author is grateful to the Dana Foundation for a grant to support research upon which this article is based. He would also like to thank Joo Caio Goulart de Penteado, Attila de Souza Leao Andrade, Jr., Thomas Skola, Anthony C. Gooch, and Eugene Rostov for their helpful comments. The views expressed, as well as any errors, are solely those of the author.
... with helpful guidance and com-ments, especially Dr. Alberto Venancio Filho and Dr. Joao Caio ... more ... with helpful guidance and com-ments, especially Dr. Alberto Venancio Filho and Dr. Joao Caio ... J. BULH6ES PE-DREIRA, CORREIAO MONETARIA DO BALANCO 73-74 (mimeo 1967). ... original cost and current market value.35 Given Brazil's steadily rising prices, inventory has ...
Plenal law governs the strongest force that we permit official agencies to bring to bear on indiv... more Plenal law governs the strongest force that we permit official agencies to bring to bear on individuals. Its promise as an instrument of safety is matched only by its power to destroy.** The United States has lagged far behind many nations' in its failure to compensate the innocent victims of erroneous criminal accusations. Despite the relatively advanced development of tort law in the United States, no American jurisdiction presently provides for public compensation to an innocent person who has been duly acquitted, or against whom all criminal charges have been dismissed or dropped. 2 Indeed, only the federal government and four states have statutes that in certain circumstances provide for compensation to a person imprisoned after conviction for a crime that he did not commit. 3 Damages resulting from a formal criminal accusation can be
Serie G Estudios Doctrinales Instituto De Investigaciones Juridicas Unam, 1998
SUMARIO: I. La flexibilidad del concepto de federalismo. II. Distribución constitucional de compe... more SUMARIO: I. La flexibilidad del concepto de federalismo. II. Distribución constitucional de competencias. III. La solución de controversias en el sistema federal. IV. La solución de controversias en el sistema federal en Latinoamérica. V. Las lecciones de estas seis experiencias dentro del federalismo.
Brazil has developed one of the most complex systems of judicial review in the world. In addition... more Brazil has developed one of the most complex systems of judicial review in the world. In addition, it has developed a wide variety of constitutional actions for the purpose of protecting the huge number of constitutional rights conferred by its lengthy Constitution. In theory, constitutional rights can be protected in ordinary actions. Because ordinary actions typically take a great many years to resolve in Brazil, the framers of the 1988 Constitution, building on Brazil's prior constitutions and foreign models, constitutionalized a wide array of procedural devices to try to assure that the huge number of individual, social and economic rights created by the current Constitution are effectively protected by the judiciary. This Article explores the complexities of these constitutional procedures, how they have worked or not worked in practice, and the problems that they have created for the Brazilian Judiciary.
It may be downloaded and printed for personal reference, but not otherwise copied, altered in any... more It may be downloaded and printed for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of the editors of Panorama of Brazilian Law. With respect to the online issue, hypertext links to other Web locations are for the convenience of users and do not constitute any endorsement or authorization by Panorama of Brazilian Law. For further information please contact raphaelvasconcelos@panoramaofbrazilianlaw. com.The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the editors. A FINAL FOREWORD "'A Panorama of Brazilian Law' is a step towards realizing a long standing dream: To provide the world with a window to Brazilian law". These were the concluding words of the Foreword I wrote for the collection of essays on various fields of Brazilian law, as co-editor of the "Panorama of Brazilian Law", together with Professor Keith S. Rosenn of the University of Miami, which was published in 1992. 21 years have passed and now a group of the next generation of Brazilian law scholars has undertaken to resuscitate and keep alive the idea of the Panorama by means of a permanent electronic journal. Professor Carmen Tiburcio, who contributed to the original Panorama and later substituted me as head of the Private International Law Department of the Rio de Janeiro State University, together with Raphael Carvalho de Vasconcelos and Bruno Rodrigues de Almeida, both professors of international law at the UFRRJ are leading this important initiative. Today, much more than two decades ago-Brazil, one of the BRIC countries-has become an important player in the international economy and its legal system an important factor in the proper development of international commercial relations. May this effort prosper for years and generations to come.
Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of t... more Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of the Supreme Court, he translates the term recurso de revisi6n as "review appeals."
University of Miami Inter-American law review, 2005
Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of t... more Professor Vargas obviously knows better. On page 531, in describing the plenary jurisdiction of the Supreme Court, he translates the term recurso de revisi6n as "review appeals."
práctica privada legal y es consultor internacional, particularmente en Brasil. Especialista en d... more práctica privada legal y es consultor internacional, particularmente en Brasil. Especialista en derecho constitucional y derecho comparado, se encuentra vinculado a
Resistance to Hapsburg Indian policy was so strong among Brazilian colonists that the Crown was e... more Resistance to Hapsburg Indian policy was so strong among Brazilian colonists that the Crown was eventually forced to repeal this legislation because it could not be enforced. Id. at 137.
Annotated English translation of the 1988 Constitution of Brazil. DOI: http://dx.doi.org/10.17768... more Annotated English translation of the 1988 Constitution of Brazil. DOI: http://dx.doi.org/10.17768/pbl.a0.n0.p383
Boston College International and Comparative Law Review, 1979
During the 1970s the pace of inflation has accelerated sharply in Argentina, Chile, and Uruguay. ... more During the 1970s the pace of inflation has accelerated sharply in Argentina, Chile, and Uruguay. In the 1971-1977 period Chile had an annual average inflation rate of 286.4 percent, by far the world's highest. Argentina was second with an annual average of 174.5 percent, followed by Uruguay with an annual average of 74 percent, and Brazil with an annual average of 28.6 percent. (Ominously, Colombia and Peru, with annual average inflation rates of 22.4 percent and 21.5 percent, respectively, were not far behind.)4 The U.S. reader can obtain a greater sense of perspective by considering the effect these sustained high rates of inflation have had on indexed wages and exchange rates.
THE spectre of Castroism lingering long on our doorstep has focused the anxious attention of the ... more THE spectre of Castroism lingering long on our doorstep has focused the anxious attention of the United States on Latin American problems. Mixing self-interest with humanitarian motives, the United States has committed itself heavily to backing the Alliance for Progress as an instrument for preventing the spread of Communism in the Western hemisphere while bettering the sorry living conditions of the working classes. Among the broad social and economic reforms which it hopes to induce in member countries, the Alliance has attached high priority to tenurial reform and agricultural improvement.' But land tenure reform-large scale changes in existing tenurial patternsis more complicated an issue than is indicated by its advocates, who often project an idyllic Jeffersonian view of nations of yeoman farmers as both their political and their economic goal. 2 In areas where large scale farming is required to maximize productivity, the political goal of widespread farm ownership conflicts with the economic goal of maximum productivity. And in parts of Latin America, 3 particularly those areas dominated by plantation latifundia, 4 the political demand for land reform may represent not so much a craving for land by would-be farmers as a desire for "social justice" by a "rural prole-The Yale Law Journal thanks Professor Charles Reich of the Property Division for bringing this paper to its attention.
64 328 D. Foreign Trade 329 E. Income Taxation F. Investment Incentives 336 * Copyright * 1983 by... more 64 328 D. Foreign Trade 329 E. Income Taxation F. Investment Incentives 336 * Copyright * 1983 by Keith S. Rosenn. ** Professor of Law, University of Miami. The author is grateful to the Dana Foundation for a grant to support research upon which this article is based. He would also like to thank Joo Caio Goulart de Penteado, Attila de Souza Leao Andrade, Jr., Thomas Skola, Anthony C. Gooch, and Eugene Rostov for their helpful comments. The views expressed, as well as any errors, are solely those of the author.
... with helpful guidance and com-ments, especially Dr. Alberto Venancio Filho and Dr. Joao Caio ... more ... with helpful guidance and com-ments, especially Dr. Alberto Venancio Filho and Dr. Joao Caio ... J. BULH6ES PE-DREIRA, CORREIAO MONETARIA DO BALANCO 73-74 (mimeo 1967). ... original cost and current market value.35 Given Brazil's steadily rising prices, inventory has ...
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