Brazilian constitutional democracy, like other ones, is based on a power-containment structure in its engine room that is under attack by a populist and right-wing government. In addition to the separation of powers and federalism, other institutions are also endowed with autonomy and constitutional independence as a means of containment. The present paper seeks to present, based on the Brazilian experience, in regional dialogue, some of these trenches created by the Constituent Assembly, such as academic freedoms and university autonomy. In addition, the distorted use of discretion in administrative law is also explored, whether concerning budget allocation or the appointment of university rectors, allowing the subversion of the constitutional guarantee of free and scientific education, through an ideological and authoritarian domain project. Academic freedoms and university autonomy, in this scenario, function as guarantees of the right to emancipatory and empowering education.
The presentation raises the issue about the justiciability of economic, social and cultural rights within the framework of the Commission and the Inter-American Court of Human Rights and how this can be analyzed within the theme of judicial activism. In order to do so, in the first moment this exposes the international norms regarding social rights, both in the United Nations system and in the Inter-American system. The same is done about the indivisibility and interdependence of human rights, allowing us to see how a balance of the protection of these rights is necessary, forming a unit in its protection. A more detailed examination of the Commission’s and the Inter-American Court’s action in the monitoring and petition system will then be carried out, in order to bring to the fore the way in which the Court has decided cases involving ESCR and how the jurisprudence has evolved in recent years, from the presentation of some concrete cases.
Demographic censuses are tools used by countries to gather statistical data on their populations and to understand the quantitative and qualitative changes in their conformation. Statistical research on population size, geographic distribution, level of education, work and income, among others, are essential for the monitoring of public policies, definition of electoral representation and distribution of financial resources. This article examines the case of the postponement and subsequent cancellation of the Brazilian census scheduled for 2020, assessing the constitutional impacts of the lack of updated data and the relationships between information blackouts, government accountability and the effectiveness of social welfare rights.
At the level of economic, social and cultural rights, social justice within the constitutionalist State has been a benefactor at the level and exercise of guarantees in the field of application. Today, the rights of Social Justice correspond to constitutionalist roots that are based on the exercise of protectionism. Ferrajoli said it well at the time when he discerned that Principalist Constitutionalism was the precursor of constitutional theory being changed. In that same order, it is where the social and democratic rule of law builds a fairer and more equitable legal order in the social reality.
Under this understanding, the rights of Social Justice are the basis and essence of Human Dignity and, therefore, find their essential justification in the Transforming Constitutionalism, based on the idea of fulfilling the constitutional promises of social justice.
This contribution aims at analyzing the evolution of the Inter-American Court on Human Rights case law on social rights. I intend to focus my analysis in the field of environmental rights. Human Rights are the basis of any constitutional system. In this regard, the doctrine mentions the development of an Ius Constitutionale Commune. The Inter-American System has built a solid basis of protection, which is instrumental for the dialogue between judges. These standards contribute in consolidating a substantial Rule of Law, even in a process of social transformation. The Inter-American environmental developments could undertake an important role in transforming Latin-Americans societies. Increasing transparency, access to information, widening participation and access to justice are essential in the process of transforming inequality by strengthening not only Rule of Law but also democracy.
The objective of this presentation is to share the findings of an investigation carried out on the role of social rights in a reformulation of the concept of the Social State of Law for the XXI century, grounded in the Latin American socio-political context. With the worldwide effects of the emergence of the Covid-19 pandemic emergency declaration, the weakened social and constitutional States of Rights in LATAM collapsed and evidenced the dismantling of the system of guarantees of human rights, with greater emphasis on social rights. For this reason, it is necessary to analyze the current situation of Latin American Social States in the midst of a pandemic and to carry out a study of the impact on social rights to reformulate the concept of Social State, its purposes, functions and the role of social rights for resilience and adaptation of society towards a post-pandemic society that guarantees the strengthening of democracy.