Direito Constitucional - Administração Pública em Questões (Série D Livro 2) (Portuguese Edition)


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In this paper we discuss the roles that Brazil's Supreme Court stf has played while arbitrating interests in dispute in the constitutionality control of laws, through judicial review cases adis. For this, we rely on quantitative analysis of adis judged by the court between the years and , mapping the content of the Court's decision-making agenda and the scope of its decisions, determining to what extent the Supreme Court has made a difference in arenas of social and political conflict in the country.

We conclude that despite taking part in important disputes in arenas of social and political conflict, Supreme Court's agenda has been taken by issues related to the delineation of public careers, deciding on expansion or restraint of state bureaucracy prerogatives. Among the different roles that the current literature on judicialization of politics has attributed to Supreme Courts around the world, in a scenario of expanding political power of the judiciary, we found out that in Brazil, more than a countermajoritarian institution, or an instance to advance social and collective rights, Supreme Court has played the role of a true corporate deliberation body.

Destacamos aqui dois trabalhos que explicitamente se propuseram a discutir a agenda do Supremo. O primeiro, coordenado por Sundfeld Sundfeld et al. Supremo Tribunal Federal stf. Carvalho, Ernani Rodrigues de. Revista de Sociologia e Politica, Castro, Marcos Faro de. Recent trends in Latin America". Couso, Javier et al orgs. Cambridge, Cambridge University Press, pp.

Supreme agenda: interests in dispute in judicial review in Brazil

Martins, Ives Gandra da Silva et al orgs. Cambridge, Harvard University Press. Studying judicial politics in Latin America".

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Perspectives on Politics, 4 6: Novos Estudos Cebrap, There is not a single review dedicated exclusively to political history, which reveals the weakness of this specialisation in the Portuguese university milieu , since practically all third-level institutions where History is taught as a subject have their own publications.

There is, however, some solace to be found in other publications. Issue , is especially useful, including as it does a complete index covering all back issues. It too publishes frequent articles relating to political concerns. Its main focus lies in the period covering the First Republic and, above all, the New State, and in fact this review has in many ways become the unofficial spokesman for the new historiography of these periods. Nevertheless, 19th century political events are also included in the main concerns of this publication.

In English one might add a number of reviews dedicated to lusophone affairs, including Portuguese Studies based in Great Britain and Portuguese Studies Review based in the United States ; in both of these, however, history jostles for space with other disciplines. There were a number of stages until , which we will quickly set out, detailing the authors who have dedicated themselves to their political history. As can be imagined, Portugal was not immune to the impact of the French Revolution.

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This Brazilian city was suddenly transformed into the capital of a trans-oceanic empire. Portugal became, simultaneously, a colony of Brazil and a British protectorate, and was divided into a pro-French party and a pro-British party; the origins of these factions lie, obviously, in the pre period Alexandre, The Portuguese experience of liberalism did not thus suffer from a wave of Jacobinism similar to that of France thirty years earlier.

The greatest achievement of the Constituent Congress, elected by universal male suffrage at the end of Pereira, was the Constitution of , an advanced document for its time, which forced the King to accept a secondary role within the new political regime. The text upheld the principles of national sovereignty, of representation of the Nation, and of the separation of powers, but was from the very start threatened by the tension between the two principles at its core, democracy and monarchy Miranda, The evolution of the Portuguese liberal model would thus be hamstrung by reactionary elements loyal to the old absolutist order, who congregated in turn around Queen Carlota Joaquina Sara Pereira, and Prince Miguel.

Pedro IV known as Pedro I of Brazil , forced to choose between kingdoms, opted for Brazilian, abdicating the Portuguese throne in favour of his daughter, still a minor, the future Maria II Macaulay, The regency created to oversee the kingdom was not strong enough to ensure the political stability of Portugal, threatened by the supporters of prince Miguel, exiled in Vienna. This Miguelista experience would last until Lousada, , when, after two years of civil war, the liberal party triumphed. The Charter of was imposed, a fifteen-year old Queen was installed on the throne, and the government was entrusted to the Duke of Palmela and the friends of Pedro IV who had, in the meantime, died Valente, This new movement, known as Setembrismo , suffered from the impact of constant popular demands, which paralysed its activity in government.

Its principal achievement, the Constitution of , fell halfway between the two previous texts, but was short-lived. Three days later a Junta was formed in Oporto, which declared its hostility to the new government in Lisbon. The Duke pondered revenge for a time, and, once assured that there would be no Spanish reaction to his move, carried out another pronunciamento in The unity of the army being more complete than it had been since , Saldanha became the dominant personality of the time, able to impose his political and social views.

Tratado de Periodontia Clínica e Implantologia Oral

A wave of enthusiasm for national reconciliation swept the whole country and all political factions, since the constitutional reform of allowed for changes long demanded by the Left, including direct elections. The Regenerationist cabinet went as far as naming some of the leaders of Setembrismo to positions of power within the State apparatus. Cabral went into exile in Spain for a second time in five years and the country embarked on a programme of material development directed by Minister Fontes Pereira de Melo, the most significant political figure of the period.

The years that followed, until , were, however, marked by continuous political disorder and successive changes of government. Roads and railroads were built throughout the country. Insurmountable financial difficulties; permanent turmoil on the streets of the capital and in the Parliament; and a succession of governments which proved incapable of carrying out the agreed programme of developing Portugal and bringing democracy to the regime; all of these factors pushed Saldanha into once again, and for the last time in his long career, demonstrating his strength.

With the help of the army the old officer imposed a supra-party dictatorship in which, however, failed in its basic bid: A reorganisation of the political parties took place in the years that followed.

Direito Constitucional: Administração Pública e Servidores - Parte 1/2

This was the same year in which a Republican party was founded. Despite these changes, the s were a decade of social and political peace, largely as a result of a long-lasting Fontes Pereira de Melo government , by now the clear leader of the Regenerationist party. The electoral reform of , negotiated by Fontes, allowed the defeated party to preserve a significant number of deputies in Parliament. The aim was clear: A second constitutional reform, in , sealed the new consensus: The regime was closing ranks around itself and the result was not long in coming.

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Brancaamp died in September and Fontes died in January Less than five years would elapse before the great tumult caused by the British ultimatum of January Teixeira, provoked by a colonial dispute over the territory separating Angola from Mozambique, which Portuguese troops had begun to occupy.

The peaceful rotation of, and the balance of power between, the parties, came to an end.

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The very existence of the liberal regime hung in the balance Ramos b. New leaders emerged, and new parties, but still the attempt to save the monarchy failed. On 5 October few were found to defend the monarchy. Thematic Studies covering the 19th century History Studies of an exclusively political nature for this period continue to be few and far between, despite the growing interest in contemporary history. The first that must be mentioned is the pioneering work of Fernando Piteira Santos on the elections Santos, Two decades would elapse before a new study, dedicated to the elections of the Setembrista period Sacuntala de Miranda, contributed, in more complete fashion, to the comprehension of Portuguese electoral politics of the liberal period.

It is also easier to study the electoral phenomenon for the last years of the century Vidigal, The analysis of the behaviour of local elites has also been the subject of numerous studies; among these can be found the cases of Lisbon Paulo Jorge Fernandes, and Montemor-o-Novo Paulo Silva Fernandes, Less research has been carried out into the appearance and development of political factions.

There is no single study of the phenomenon for the first half of the century. A number of studies have investigated ideological developments over the course of the nineteenth century Torgal, , Campos Matos, Another area which has not yet been exhausted is military history. The first published recently a compilation of articles dedicated essentially to the Napoleonic campaigns and their consequences for Portugal. Pereira Marques has emerged as a specialist in the organisation of the army For an analysis of military interference in politics one should turn to the work of Vasco Pulido Valente, remarkable for its narrative style and the abundant use made of documentary evidence The relationship between government and the parliament, and the very workings of the parliament, are still to be understood, despite a first approach Pinto dos Santos, which includes a useful list of the different governments in place since Another area still in its infancy is constitutional history; a first attempt was made by Jorge Miranda, a specialist in the matter, who recently compiled Brazilian and Portuguese constitutional texts Administrative evolution and reforms Manique, and the political importance of the territory Silveira, b have already been considered, there being an abundance of works dedicated to the history of municipalities and local power bases Oliveira, ; VA, The biographical genre is, after a first step Pinheiro, , undergoing a period of expansion.

This survey has shown that, until some years ago, there was only a grudging acceptance of political history in Portuguese universities. The situation is currently being altered, with this field gaining both academic credit and visibility in the media, despite the relatively small number of those engaged in it. Ideas, procesos y movimientos sociales , no. Number 25 should be highlighted, for a complete index of all articles published since Within the latter party there existed, however, another faction which was radically opposed to such an understanding unha preta , defending the alternative of a completely autonomous Left.

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Bibliography General works of history: Bethencourt, Francisco and K. Birmingham, David , Portugal:

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