Notícias

O professor do curso de Direito, José Mario Wanderley Gomes Neto, da Faculdade Damas, tem duas pesquisas aprovadas no Congresso Mundial de Direito Constitucional. Em nome da comunidade acadêmica, nossos sinceros parabéns!

PROPOSAL # 1: Federalism and judicial review: the role of Brazilian States`s Courts of Appeal.

Jose Mario Wanderley Gomes Neto – Federal University of Pernambuco, Brazil. Raquel Mendes Miranda – Chatolic University of Pernambuco, Brazil. Leon Victor Queiroz Barbosa – Federal University of Pernambuco, Brazil.

Abstract: As a effect of Brazilian model of federalism adopted by 1988`s Federal Constitution, all the 26 Brazilian States and the Federal District were authorized to create subnational constitutions as fonts of constitutional supplementary checks to the power exercised by Governors, Mayors, State Assemblies and Municipal Councils, v. g., limiting issues that can or can not be object of legislative deliberation in state and municipal level. This study explores, through normative analysis and empirical data, the role played by a subnational court (Tribunal de Justiça do Estado de Pernambuco) in enforcing judicial review when a state or municipal legislative act is claimed to be unconstitutional, because it`s assumed to be against State Constitution provisions. Born as a check instrument of state and municipal legislation, in other to protect Pernambuco`s State Constitution, the judicial review played by the Court of Appeal is submitted to an analysis of its institutional design and contribution to judicialization of politics in state level.

PROPOSAL #2: The Rule of Law in Brazilian States´ Legislation: Evidences From Brazilian Supreme Court

Leon Victor de Queiroz Barbosa, (Federal University of Pernambuco), José Mario Wanderley Gomes Neto, (Federal University of Pernambuco), Ernani Carvalho, (Federal University of Pernambuco), Fabrizio Polany Almeida Santos, (Catholic University of Pernambuco).

Abstract: The institutional design in Brazil authorizes all States of the Federation and the Federal District to produce legislation in pre-defined themes selected in the Federal Constitution. State legislators must obey such limits and respect constitutional norms in rule making process to preserve a desirable rule of law enviroment. This paper focuses on the analysis of Supreme Court´s decisions in state legislation judicial review in other to identify the cases where can be found constitutional violations in relevant issues, as tax law, administrative law or basic rights, pointing the quality of Brazilian States´ law and testing a set of hypothesis related to the production of unconstitutional norms.