Interpretative skepticism and constitutional interpretation: a criticism of Brazilian constitutional court decision
نویسندگان
چکیده
This paper is a critical analysis of recent case decided by the Brazilian Constitutional Court, which can be considered as paradigmatic current approach law with reference to constitutional interpretation. The regards unconstitutionality statute provision allowed enforcement penalties pending second instance appeal and therefore before res judicata . aims at discussing concept provisions legal interpretation theory well arguments applied in these cases. endorsed Court will argued from both theoretical point view political standpoint, order outline its inadequacy conflict Rule Law doctrine.
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The United States Constitution, as amended, is a complex legal document which sets out the structure of the federal government, the legal authorities of that government (and, to a lesser extent, state governments), and, finally, a series of legal disabilities on the exercise of those authorities (such as protections for individual rights). The document also addresses the complicated legal relat...
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ژورنال
عنوان ژورنال: Revista de Investigações Constitucionais
سال: 2021
ISSN: ['2359-5639']
DOI: https://doi.org/10.5380/rinc.v8i1.69875