The research focuses on a critique of the thesis that fundamental rights are present only at the federal constitutional level. There is a neglect of the role of state constitutions (in federal countries) or subnational legal arrangements (in quasi-federal countries). The state constitutions are also source of bill of rights. Its strengthening serves the multi-level protection of rights, at the lowest level. In this context, the state Courts also play an important role in affirming local rights regarding specificities of each state of the federation. The research is developed from the Brazilian case, however confronting with experiences of state constitutions of other federal or quasi-federal countries, as United States, Mexico, Argentina, Italy and Spain.
Brazilian feminists were one of the most activist social actors struggling in favor of social and individual rights in the last years. This paper analyzed three moments of women’s political participation in resistance to the ongoing rights reduction process: President Dilma Roussef’s impeachment, in 2016; the elections of President Bolsonaro, in 2018 and the feminicide of Marielle Franco, city councilor of Rio de Janeiro, in 2018. The hypothesis of the study is that the approval of two criminal laws against domestic violence and femicide in the last decade developed an important role on the “feminist spring”. The level of violence and sexual abuses organized the feminist movement in Brazil not just in favor of women’s rights but also in favor of equality.
Nowadays, although the several achievements in the protection of women’s rights in Brazil, the reality is still worrisome. There are recurrent violations of rights, the absence of public policies to promote them and the growing conservatism of the public authorities. It’s also important to consider that the Judiciary has not fulfilled its role for the realization of women’s rights, and Law, in a broader sense, has failed to ensure them protection. The fundamental rights are not being assured, what represents actual damages to Brazilian Democracy. The crisis of women’s rights is a crisis of the democracy itself. For this reason, this paper follows the hypothesis that, because law was created and structured from an androcentric perspective, the adoption of a gender perspective appears as a possible path to be taken towards the realization of women’s rights, which are crucial to guarantee women’s democratic participation.
This article analyzes the institutes of political asylum and refuge based on a comparative analysis of the legal regimes that regulate the two institutes in international and Brazilian law, especially delimiting the constitutional foundations of both and their regulation in the Migration Law, its connection to the protection of human rights and the applicable procedures for asylum and refuge. Based on the dialogue of the sources, it seeks to establish the approximation of the two institutes by the guideline of the protection of the human person, demarcating their differences regarding the application requirements, effects and margin of decision-making freedom of the Brazilian State to implement each of these institutes in concrete situations, and analyzing the judicial precedents of the Brazilian Federal Supreme Court, especially the cases of Olivério Medina and Battisti, to understand the dimension given by the two institutes in the jurisprudential practice of the Court.
The working hypothesis concerns Brazilian controlling institutions. Controllers, nation’s saviours against corrupt politicians, exercise selective legal enforcement which can lead to illegitimate constraint on politics, threatening democracy.
Controllers are willing to defend their privileges in front of the public and yearning to keep a good relationship with politicians to maintain the privileges. The appointment of the judge responsible for the carwash operation to the ministry of justice symbolizes this populist appeal of the judiciary and represents a dangerous closeness between controllers and politicians, biasing controlling tasks development.
Investigation measures, information leaks to mass media and judicial decisions will be analysed in order to answer to the specific questions whether the fight against corruption is being distorted into an illegitimate political weapon capable of threatening democracy; which is the role of the controlling institutions in this process.