The rule of law in Brazil : the legal construction of inequality / Juliano Zaiden Benvindo.

Format:

Book

Author/Creator:

Benvindo, Juliano Zaiden, author.

Series:

The Rule of Law in Context

The Rule of Law in Context.

Language:

English

Subjects (All):

Rule of law--Brazil.

Rule of law.

Equality before the law--Brazil.

Equality before the law.

Brazil--Politics and government--21st century.

Brazil.

Physical Description:

1 online resource (248 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2022

Place of Publication:

London [England] : Hart Publishing, 2022

Summary:

"'Rule of law' is not a simple concept when it comes to defining the political, economic, and legal developments of a country like Brazil which is a young democracy, struggling with longstanding extractive institutions and entrenched interests. In this book, Juliano Zaiden Benvindo offers a broad perspective of the functioning, evolution and dynamics of the 'Rule of Law' in Brazil from different perspectives. In the context of a rising crisis of liberal principles and 'democratic decay' in global constitutionalism, the book explores how Brazilian democracy has dealt with the authoritarian mindset which still plays a big role in the fate of the country, and whether the democratic achievements and institutional framework that have strengthened over the years are sufficiently capable of defending the 'rule of law' as an imperative for Brazil's development, especially in times when the country seems mostly in need of them."-- Provided by publisher.

Contents:

Cover

Dedication

Title Page

Acknowledgements

Contents

Introduction

I. What Happened to the Brazil that was 'Taking Off'?

II. The Structure of this Book

1. The Conceptual Evolution of the Rule of Law in Brazil

I. Introduction: A Prosaic Approach to the Rule of Law

II. Democracy and Social Justice in the Core of the Rule of Law: A Normative Dispute?

III. Estado de Direito in Brazil: Between Preservation and Democratisation

IV. Estado de Direito in Brazil: Social Inequality as a Hindrance to Coordination

V. The Rule of Law and Coordination in Unequal Societies

2. The Local Lived Experiences of the Rule of Law in Brazil: The Impacts of Social Inequality

I. Introduction: A Persistent Inequality

II. Brazil and its Longstanding Struggle with Social Inequality

III. Inclusiveness and Historical Inequalities in Brazil

A. Racial Inequality

B. Gender Inequality

C. Indigenous People

D. Regional Inequalities

IV. Inequality and Brazil's Declining Rule of Law

3. The Authoritarian Mindset and the Rule of Law in Brazil

I. Introduction: Hobsbawm's Omen and the Authoritarian Mindset in Brazil

II. The Theoretical Justification of the Authoritarian Mindset: The Three Main Pillars

III. The Reinvention of the Authoritarian Mindset in History

A. The Authoritarian Mindset in Authoritarian Regimes

B. The Authoritarian Mindset in the Awakening of Democracy: A Clash of Narratives

C. The Authoritarian Mindset and the Revival of the Military under Jair Bolsonaro

IV. The Reinvention of the Authoritarian Mindset after Years of Democratic Life

4. The Rule of Law and Brazilian Political Institutions: A Reshaped 'Coalition Presidentialism'

I. Introduction: Some Cautionary Remarks About the Brazilian Political System.

II. The Brazilian Political System: Efficiency or Deep Dysfunctionality?

A. A Strong Presidentialism?

B. A Highly Fragmented and Oligarchical Congress

C. Clientelism and 'Coalition Presidentialism': A Necessary Correlation?

III. A Reshaped 'Coalition Presidentialism'

5. The Rule of Law and Brazil's Politicised Judicial System

I. Introduction: The Judiciary in a Country in Crisis

II. The Judiciary's Constitutional Design

A. The Federal, State and Specialised Courts

B. The Federal Supreme Court

C. The 'Ancillary' Institutions of Justice: The Public Ministry, the Advocacy-General of the Union and the Public Defender's Office

III. A More Accessible, Though Still Unaccountable, Judiciary and the Increasing Culture of Rights

IV. Privileges and the Judicial System: The Judiciary as a Blatant Illustration of Brazil's Inequality

V. Criminal Justice and Police Forces

6. The Extra-Legal Influences on the Rule of Law and Mechanisms of Accountability in Brazil

I. Introduction: The Paradoxical Relationship Between the Private and Public Sectors in Brazil

II. The Data of Corruption in Brazil According to International Indicators

III. The Combat of Corruption in Brazil: The Effects of Path Dependence, Inequality, and Institutional Design Flaws

IV. Accountability Institutions, Incremental Improvements in Combatting Corruption and Political Backlash: Two Steps Forward, One Step Back?

A. Accountability Institutions

B. The Expected Political Backlash

V. The Organised Civil Society and the Quest for Fairness Amidst Self-Preservation Movements: A Permanent Struggle

VI. A Free and Independent Media?

A. The Media as a Key Player in Brazilian Democracy and in its Backsliding

B. The Power of the New Media: Fake News as the New Normal

7. The Rule of Law in Brazil and the Challenges of International Law.

I. Introduction: Brazil as a Soft Power?

II. The Rule of Law in Brazil and International Law: Impacts on the Domestic Level

III. Brazil and Regional Integration: The MERCOSUR

IV. Brazil and International Tribunals: The Inter-American Court of Human Rights

V. The International Perception of Brazil's Compliance with the Rule of Law

8. The Future of the Rule of Law in Brazil

I. The Destabilising Factors of the Rule of Law in Brazil

A. The Growing Polarisation in Society and Politics

B. The Disarrangement of the Political and Judicial Systems

C. A New 'Equilibrium'?

II. The Future of Brazil's Rule of Law

Bibliography

Index

Copyright Page.

Notes:

Includes bibliographical references and index.

Other Format:

Print version: Benvindo, Juliano Zaiden The Rule of Law in Brazil

ISBN:

9781509934966

1509934960

9781509934980

1509934987

OCLC:

1337945213