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portada Provisional Measures and Constitutionality Control
Type
Physical Book
Author
Publisher
Language
English
Pages
132
Format
Paperback
Dimensions
22.9x15.2x0.8 cm
Weight
0.20 kg.
ISBN13
9786207234455
Categories

Provisional Measures and Constitutionality Control

Bruno Vieira (Author) · Our Knowledge Publishing · Paperback

Provisional Measures and Constitutionality Control - Vieira, Bruno

New Book Imported to Taiwan
Delivery: 13 Oct - 21 Oct Shipping: 14 to 15 business days.
NT$ 2,106
NT$ 2,106

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Synopsis "Provisional Measures and Constitutionality Control"

The subject of this research is ADIn 4.209, judged in March 2012 by the Federal Supreme Court. On that occasion, the Court - in less than 24 hours - changed its own decision, which considered the provisional measure that had created the Chico Mendes Institute for Biodiversity and Conservation or ICMBio to be unconstitutional. Apparently, the Supreme Court didn't realise that hundreds of other Provisional Measures suffered from the same flaw: they hadn't been preliminarily examined by a Joint Committee of Deputies and Senators, as required by the Constitution (Article 62, 9). This meant that, in theory, all this legislation, which even created important government programmes, could be challenged. Faced with an intense reaction in Congress and other areas of the public sphere, the Supreme Court backed down. In a technically controversial way and resorting to a so-called "consequentialist" interpretation, the Court modified the understanding it had established the day before.

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