19
2019
IDP professor publishes article in Constitutional and International Law Magazine
Article was published in the January/February edition of RCDI
IDP Professor Carlos Roberto Firme Filho published his article “The control of constitutionality in Brazil and Italy: A practical and critical comparative study between models” in the Revista de Direito Constitucional e Internacional - RCDI. In the article, the Professor compares the evolution of the Brazilian and Italian constitutional process, through a theoretical-empirical study.
The Professor says that he developed the article during his master's degree in Contemporary Legal Systems, carried out at the Università degli Studi di Roma "Tor Vergata" in Rome – IT, and was based on comparative constitutionality control and the approximation between classical models, inevitably studying the Brazilian and Italian Constitutions in more depth.
For the Master, the article comes as a way of solving and researching the challenges that the current Brazilian Constitution faces. ”As stated in the summary of the article, we initially sought to obtain a greater notion of the reality of the constitutional process in Italy and Brazil to, from this, face the greatest weaknesses existing in these models. After much reflection and based on Comparative Law, we suggested several changes, some by the Legislative Branch and others by the Judiciary itself. Therefore, its importance, in my opinion, is to collaborate as another source of debate to help solve the serious problem of the thousands of cases that arrive and overwhelm the Federal Supreme Court and weaken the hybrid model of Brazilian constitutionality control” Explains the Professor .
Job summary:
This article seeks to analyze, through a comparative-evolutionary study of contemporary constitutionality control, the way in which Italy and Brazil have been defending their constitutions. To get a sense of the quality of the constitutional process in these countries, we chose to compare the notably classic Italian concentrated control model with the most hybrid model - the Brazilian one, through a theoretical-empirical study. From this, several benefits were initially observed in the combination of the institutes of the concentrated model and the diffuse model, but in a macro view they must be endowed with caution and greater reflections for effective adjustments, as verified by the procedural numerical analysis of the highest Brazilian Court. The overview of constitutionality controls, finally, aims to demonstrate the main aspects and perspectives of the constitutional inspection models analyzed, with warnings and suggestions for change.
Check out the full article in the IDP Library: