It is made up of works originating from dissertations from the Masters in Constitutional Law at IDP, which stood out for their rich content and the relevance of the themes analyzed.
Author: Gustavo Gonçalves Ungaro
Synopsis: author addresses the concept of the State influenced by the advancement of globalization, with emphasis on the purpose of the Rule of Law and, in return, outlines an overview of fundamental rights to then point out state responsibility at the beginning of the 21st century. Contains the following chapters – Limits of Power – Rule of Law and legality; Citizen guarantees – State responsibility and human rights; Limits, guarantees and reparation in Brazilian Law; Two compensation cases occurred in the state of São Paulo.
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Author: Alexandre Pinheiro
Synopsis: Innovative and indispensable for those who intend to work in the prevention of illicit activities in the capital market area, this work is an extremely important tool for understanding punitive processes before supervisory authorities. Focusing on the actions of the Securities and Exchange Commission – CVM, the administrative sanctioning process, the terms of commitment and conduct adjustment, the role of self-regulation, public civil actions and the interaction between the criminal and administrative bodies were emphasized.
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Author: José Levi Mello do Amaral Júnior
Synopsis: This work originates from the academic activity of José Levi Mello do Amaral Júnior, renowned attorney for the National Treasury, having obtained the title of Doctor in State Law, under the guidance of Professor Sérgio Resende de Barros, from the Faculty of Law of the University of São Paulo.
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Author: Eduardo Pannunzio
Synopsis: International relations have become part of everyday life in countries and occupy a significant space on the agenda of public and private actors. However, contrary to what happens with domestic public policies, foreign policy continues to be conducted in an environment marked by broad discretion of the Executive Branch, insufficient control by other Powers and obscurity. The 1988 Constitution established the foundations for a new paradigm of foreign policy governance, especially by establishing a set of principles that should guide Brazil's international actions. International relations have definitively become a legal topic and, therefore, subject to examination by the Judiciary.
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Author: Rodrigo Mudrovitsch
Synopsis: “If the recent development of constitutional theory was fundamental in removing proposals for rupture or distancing from the institutional structure shaped by the 1988 Charge, it is undeniable, on the other hand, that today there is a certain exhaustion of constitutional discourse in Brazil. (…) In this context, it is with great enthusiasm that works such as the present work by Rodrigo Mudrovitsch should be received, whose objective, far from just reaffirming concepts already established in constitutional theory, turns to the discussion, in a deep and consistent way, certain aspects of the Brazilian experience (…). This is, as the reader will understand, a sophisticated study that, in addition to being solidly based on extensive bibliographical research, brings important reflections on the role of constitutional jurisdiction in the current Brazilian institutional situation.” – Excerpt from the Preface by Minister Gilmar Ferreira Mendes.
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Author: Tiago Fensterseifer
Synopsis: This study proposes a reflection on the legitimacy of the Public Defender's Office for the filing of public civil action in light of the Theory of Fundamental Rights and the “state of the art” of Brazilian Collective Civil Procedural Law. Taking as a basis the new infra-constitutional constitutional legislative scenario that redefined the institutional identity of the Public Defender's Office in the last decade - in particular, Constitutional Amendment nº 45/2004 (Reformed Judiciary), Law no. 11,448/2007 (which included it in the list of article 5 of Law no. 7,347/85), the profound reform in the National Organic Law of the Public Defender's Office (complementary Law no. 80/94), carried out by Complementary Law no. . 132/2009, and more recently, Constitutional Amendment no. 80/2014 -, our purpose is to establish a theoretical panorama marked by this new institutional profile and aimed at realizing fundamental rights, the benefits of collective action, that is, individuals and social groups in need.
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Author: Sérgio Antônio Ferreira Victor
Synopsis: This work brings to the Brazilian legal community reflection on the functioning of our government system, called Coalition Presidentialism. The great merit of the work consists in taking care of the theme of Coalition Presidentialism, inserting it into political and legal debates from classical thought, which studies government systems based on the theory of separation of powers, to the detailed examination of the nuances related to the form how the current Brazilian government system operates in practice. The author, Sérgio Antônio Ferreira Victor reveals how relations between the Executive and Legislative Powers occur in Brazil after the 1988 Constitution, in its two most representative periods: the terms of presidents Fernando Henrique Cardoso and Luiz Inácio Lula da Silva.
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Author: Sérgio Antônio Ferreira Victor
Synopsis: The IDP Series, in partnership with Editora Saraiva, presents another prestigious launch of the Academic Research Line: “Institutional Dialogue and Constitutional Control: Debate between the STF and the National Congress”, by author Sérgio Antônio Ferreira Victor. This work has great relevance, both from a legal and political point of view. Its focus is to debate the role of State Powers in the joint construction of constitutional meanings and solutions. In times when there is much discussion about the phenomenon of judicial activism, this work appears to be of the greatest importance, as it reveals the existence of a fruitful institutional dialogue between the Powers, mainly between the National Congress and the Federal Supreme Court.
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Author: Luciana Palmeira Braga
Synopsis: This work addresses the international and national history of the Petroleum Industry, reporting the evolution of the contractual forms adopted to grant oil exploration and production rights, with the aim of better understanding the three types of contracts adopted in Brazil. The institute of individualization of production is also the subject of detailed analysis, with the practice adopted by the Industry and some relevant international experiences being presented. Based on this analysis, it will be possible to evaluate the impact of the new regulatory framework on the process of individualization of production that will occur in the Pre-salt area. Potential practical problems that may occur during negotiations of individualization agreements that involve more than one type of contract, or that cover an area whose exploration and production rights have not yet been granted, are identified. Possible solutions to such problems are proposed, subsequently examining how ANP Resolution n. 25/2013 addresses the same issues.
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Author: Jorge Octávio Lavocat Galvãor
Synopsis: In the last decade, a doctrinal movement called Neoconstitutionalism emerged from Brazilian academia. In general terms, this movement defends the adoption of a series of interpretative stances capable of granting greater freedom to judges to decide constitutional cases, with the aim of promoting social transformation through Law. Based on an interpretative reconstruction of the political ideal of the Rule of Law, Jorge Octágio Lavocat Galvão dedicates himself to analyzing the impact of the theses defended by the neoconstitutional decision-making model.
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Author: André Luiz Fernandes Fellet
Synopsis: This work undertakes a critical analysis of theoretical model principles referring to the theme of the distinction between rules and principles, proposed both by supporters of a “strong distinction”, who preach a qualitative or structural difference between normative species, and by aspects of a “weak separation” or quantitative.
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Author: Sidraque David Monteiro Anacleto
Synopsis: Direct control of constitutionality in Brazil gained momentum and considerably expanded the spectrum of its activities, especially that carried out by the Courts of Justice through direct actions of unconstitutionality. The author, due to his professional experience, addresses the main themes related to this important subject that directly affects the lives of ordinary citizens in the face of the matters involved in the processes.
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Author: Guilherme Pupe da Nóbrega
Synopsis: This book deals with the examination of proposals to limit the active role currently played within constitutional jurisdiction as a way of bringing it into line with democracy and legal certainty. The purpose at hand is to identify and, to a certain extent, test proposed parameters for action within constitutional jurisdiction, and their possible adoption by the Brazilian model in its decision-making process as a way of guaranteeing the judiciary a greater degree of predictability of legal proceedings, safeguarding legal certainty.
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Author: Marcelo Cama Proença Fernandes
Synopsis: The author covers contracts from three main fronts: firstly, he examines the principles of contractual effectiveness. Subsequently, it seeks to understand the effects of private contracts and the dimension of the principle of relativity, from the perspective of the constitutionalization of civil law, addressing the current limits and possibilities of the external effectiveness of the contractual legal relationship. Finally, it deals with contractual relativity within the scope of related contracts, mainly with regard to the reciprocal duties imputed to each of its members. The work is the result of the author's doctoral thesis and contains dense bibliographical research and a broad examination of comparative law and jurisprudence. It can be said that with this reading, professionals and postgraduate students have an important source for improving their studies.
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Author: Laura Schertel Mendes
Synopsis: This work appears at a time when terms such as surveillance, monitoring and espionage begin to accompany discussions on privacy and the use of personal data on a daily basis – a clear sign that dysfunctional aspects of the information society must be addressed. The increasing use of personal data, changing power relations between citizens. State and market, requires the adaptation of several structures, including the legal one, so that privacy and individual freedom are guaranteed in the face of the abusive use of personal data.
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Author: João Costa Neto
Synopsis: “Human Dignity” is a term present in many Constitutions around the world. This text attempts to identify its content and extent in order to determine a coherent understanding of this concept. At the same time, it helps to prevent this idea from becoming a Billígkeitsreserve, that is, a vague abstraction used by judges to decide difficult cases, in whatever way they want, according to their personal feelings.
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Author: Denise Soares Vargas
Synopsis: Two of the most current and interesting themes in the study of Constitutional jurisdiction are covered in this work. The interest in the themes is justified, as their understanding occurred as the post-positive paradigm of Law was consolidated, which enabled the development of legal techniques for modifying the Constitution through “informal processes”, especially through the interpretation of the Courts.
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Author: Renato Monteiro de Rezende
Synopsis: Based on premises such as democracy, freedom of expression and pluralism, and observing the experiences of Comparative Law, the book identifies the foundations, in the Brazilian constitutional order, for state actions aimed at guaranteeing communicative freedoms. The author also analyzes the provisional communication rights that are provided for in the 1988 Federal Constitution.
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Author: Soraia da Rosa Mendes
Synopsis: This work is the result of an in-depth scientific investigation that points to the construction (or recognition) of an autonomous framework that allows understanding the different contexts of victimization and criminalization of women. Through a vast bibliographical analysis in the field of history, society, philosophy, law and feminist theory, the Author sought elements that would enable the “artisan” work of “sewing” elements for “a” feminist criminology to be carried out. It is demonstrated that, throughout history, women have played the role of a mere “object” of criminal policy, both for religious, medical and even legal reasons.
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Author: Lilian Barros de Oliveira Almeida
Synopsis: The theme of this work is extremely relevant, as it has aroused interest among legal scholars as there is no uniform definition of the subject. In the existing provisions on the subject, there are not enough elements to clarify what the acquired right is. Given this scenario, the Author is dedicated to providing some answers regarding the concept, the meaning of the essential core and the possibility or not of a theoretical delimitation of the content of the right acquired in the Brazilian legal system. To this end, the jurisprudence of the Federal Supreme Court (STF) is examined, when it is found that the existence or non-existence of the acquired right is determined by analyzing the case examined and by invoking precedents. With this new volume of the IDP Series – Academic Research Line, it is hoped that interested readers will be able, in fact, to shed new light on the aforementioned questions and, therefore, unveil the essence of this very important fundamental right.
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Author: Soraia da Rosa Mendes
Synopsis: This work is the result of an in-depth scientific investigation that points to the construction (or recognition) of an autonomous framework that allows understanding the different contexts of victimization and criminalization of women. Through a vast bibliographical analysis in the field of history, society, philosophy, law and feminist theory, the Author sought elements that would enable the “artisan” work of “sewing” elements for “a” feminist criminology to be carried out. It is demonstrated that, throughout history, women have played the role of a mere “object” of criminal policy, both for religious, medical and even legal reasons.
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Author: Leslei Lester dos Anjos Magalhães
Synopsis: defending the right to life from conception to natural death drives the thematic axis of this work. This right is supported by the author based on ethics, bioethics and constitutional and international law, in light of the promotion of human rights.
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Author: Rodrigo Albuquerque de Victor
Synopsis: More than twenty years after our Citizen Constitution was promulgated, the “Program” designed therein for early childhood education is far from becoming a reality. The Public Power, responsible for implementing educational policies in our country, bears an enormous social debt. The panorama of exclusion, quantitative and qualitative deficiency, inequality of access to opportunities for care in daycare centers and preschools persists.
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Author: Alexandre Sankievicz
Synopsis: In “Freedom of expression and pluralism: regulatory perspectives”, Alexandre Sankievicz invites us to take a closer look at reality. With the help of the modern approach to economic analysis of law, the author shows with relative ease that the information market may contain flaws. Therefore, there will perhaps be room for public policies that improve the performance of this market. The critical approach is then applied to the broadcasting sector in an attempt to identify the degree of efficiency with which the market of ideas has operated in Brazil.
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Author: Micaela Dominguez Dutra
Synopsis: The principle of contributory capacity has accompanied the development of humanity since the beginning, whether in Law or Economics. For this reason, it has been reinterpreted. Considered by Perez de Ayala “an ethical requirement of Justice”, today we can safely say that this principle interposes itself as a mediator in the relations between the Tax Authorities and the taxpayer, being endowed with a great axiological weight, since its basis of validity is the super-principle of justice and the principle of equality.
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Author: Renata Gonçalves Pereira Guerra Pouso
Synopsis: The author sought to study an effective instrument for the population's participation in decisions on matters linked to their daily lives: the popular initiative in the presentation of municipal bills. In fact, there is a legal provision regarding the institute of municipal popular initiative, but the people submit themselves to the real restriction of this right because they are simply unaware of the aforementioned instrument.
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Author: Marcos César Botelho
Synopsis: This book discusses the legitimacy of constitutional jurisdiction considering the discourse theory presented by Jürgen Habermas, as well as his proposals for an inclusive and participatory democracy. In countries that adopt the model of constitutional courts, such as Brazil, the Supreme Court plays an eminently political role. This means that the Constitutional Court, as “guardian of the Constitution”, has a much more political nature than a legal one, especially because the letter that grants such power to the Superior Court is a political diploma par excellence.
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Author: Renata Gonçalves Pereira Guerra Pouso
Synopsis: The author sought to study an effective instrument for the population's participation in decisions on matters linked to their daily lives: the popular initiative in the presentation of municipal bills. In fact, there is a legal provision regarding the institute of municipal popular initiative, but the people submit themselves to the real restriction of this right because they are simply unaware of the aforementioned instrument.
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Author: Eliane Ferreira de Sousa
Synopsis: This book investigates the right to education as an essential requirement for the development of citizens and the country, insofar as it entails the very condition of development of the human personality. The content is inseparable from the so-called “existential minimum”, which is why it is protected by principles that protect it, such as the dignity of the human person, solidarity, equality, the prohibition of social regression, among others
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Author: Diogo Palau Flores dos Santos
Synopsis: As a work on subsidiary liability, its content will be of great interest to both specialist professionals and professionals or students who wish to delve deeper into this relevant issue. For legal scholars in general, the approach and research method employed are sufficient in themselves to make the work of interest. More important than the many answers provided are the questions raised.
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Author: Ulisses Schwarz Viana
Synopsis: In this work the author dedicates himself to the study of the General Repercussion in the Extraordinary Appeal, clarifying its functioning, making a critical analysis of the institute, collecting information from comparative law and addressing the economic aspects of the topic. Issues such as efficiency in the Judiciary, reducing the decision-making burden in the STF, legal certainty of decisions, access to justice, the role of the Supreme Court, among many others, are rigorously explored in the work with questions, arguments and conclusions that reveal the vast and careful research work.
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Author: André Rufino do Vale; Gilmar Ferreira Mendes; Paulo Gustavo Gonet Branco
Synopsis: In 2008, the Constitutional Jurisdiction Observatory, of the Brasiliense Institute of Public Law, hosted the project “The Jurisprudence of the STF in the 20 years of the Constitution”, aimed at producing comments from renowned jurist and students from the IDP postgraduate program on the main decisions of the STF in these two decades. The result of this important project is now presented to the public, in yet another partnership between IDP and Editora Saraiva, and will certainly represent a relevant instrument for understanding Constitutional Jurisdiction in Brazil and its development in the new constitutional order.
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Author: Léo Ferreira Leoncy
Synopsis: In “Control of State Constitutionality”, the author takes the fundamental step towards the development of a topic that is still little explored in Brazilian Constitutional Law: the jurisdiction of the Member States.
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Author: André Rufino do Vale
Synopsis: Given the notorious insufficiency of existing theoretical-analytical approaches, which have often led to findings that, if they say anything on a dogmatic level, fail to fit into the complex reality of the interpretation/application of Law.
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Author: Damares Medina
Synopsis: The objective of this work is to verify the influence of 'Amicus Curiae' on the decision-making process in the STF. After the bibliographical research and the empirical analysis undertaken, it was found that the amicus influences the decision-making process in the STF.
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