scholarly journals Três décadas depois: a assembleia nacional constituinte de 1987 e o debate (inconcluso) da reforma agrária no brasil / Thirty years later: brazilian 1987 constitutional assembly and the debate of agrarian reform

2017 ◽  
Vol 13 (2) ◽  
pp. 41
Author(s):  
Gretha Leite Maia ◽  
Letícia Fernandes De Oliveira

O artigo objetiva analisar a Assembleia Nacional Constituinte na perspectiva das discussões sobre a reforma agrária no Brasil. Trata-se de um estudo histórico da formação de uma compreensão sobre o direito de propriedade e os reflexos dessa compreensão na estrutura política e jurídica do Brasil. Identifica como cada Constituinte brasileira se posicionou diante da questão agrária. Analisa as discussões da Assembleia Nacional Constituinte de 1987 nas comissões temáticas em que foi discutida a reforma agrária. Constitui-se como um estudo crítico do constitucionalismo brasileiro e aponta os limites da Constituição de 1988 no tocante à questão agrária. Utiliza o método histórico e analítico, com pesquisa bibliográfica e documental. Conclui pelo retrocesso da Constituição de 1988 no tocante à possíveis alterações da estrutura fundiária brasileira, em razão do modelo de desapropriação para fins de reforma agrária que se inscreveu na Constituição de 1988, a partir da crítica ao funcionamento e deliberações da Assembleia Nacional Constituinte de 1987.AbstractThe article aims to analyze the discussion of Agrarian Reform in the Brazilian 1987 Constitutional Assembly. This is a historical study about the understanding of the right of ownership and the consequences of this understanding in the political and legal structure in Brazil. It identifies how each Brazilian Constitutional Assembly discussed the Agrarian Reform. It also analyzes all thematic committees regarding Agrarian Reform that were discussed in the 1987 Constitutional Assembly. The article is a critical study of Brazilian 1988 Constitution and it is a historical and documentary research. It concludes that the Brazilian 1988 Constitution still kept the same agrarian structure and contributed very little to change the legal provision of land expropriation that Agrarian Reform required.KeywordsRight of ownership. Agrarian reform. Constitutional Assembly. 

2018 ◽  
Vol 2 (2) ◽  
pp. 174
Author(s):  
Lívia Da Silva Ferreira

<p class="Standard"><strong>RESUMO:</strong></p><p class="Standard"><strong></strong> O modelo francês serviu por anos como único exemplo no qual o controle de constitucionalidade era realizado de maneira preventiva. Em 2008 foi aprovada uma Lei Constitucional com o intuito de modernizar as instituições políticas da França, na qual estava incluída a criação do controle de constitucionalidade <em>a posteriori</em>, que mais tarde foi chamado de Questão Prioritária de Constitucionalidade - QPC. Esse mecanismo tem com principal objetivo conferir aos particulares a prerrogativa de contestar a constitucionalidade de um dispositivo legal que julguem ser violador de seus direitos e liberdades garantidos constitucionalmente. O presente trabalho tem como objetivo efetuar uma breve análise dos fatores que antecederam e influenciaram a reforma supracitada, além apontar consequências e dos efeitos gerados pela criação da QPC no direito francês.</p><p class="Standard" align="left"> </p><p class="Standard"><strong>ABSTRACT:</strong></p><p class="Standard"><strong> </strong>The French system of judicial review is very specific and for years was used as an example of the only system in which the compatibility exam between laws and the Constitution was performed preventively. In 2008 a constitutional amendment was approved in attempt to modernize the political institutions of France. One of its modernizing measures was the judicial review <em>a posteriori</em>, that later was called Priority Question of Constitutionality or priority preliminary rulings on the issue of constitutionality – QPC. This mechanism aims to confer on individuals the right to challenge the constitutionality of a legal provision they deem to be violating their constitutionally guaranteed rights and freedoms. The main goal of this essay is examine the factors that preceded and influenced this reform and the effects and consequences caused by QPC in French Law.</p><p class="Standard"><strong> </strong></p>


2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover


Author(s):  
Daniel A. Dombrowski

In this work two key theses are defended: political liberalism is a processual (rather than a static) view and process thinkers should be political liberals. Three major figures are considered (Rawls, Whitehead, Hartshorne) in the effort to show the superiority of political liberalism to its illiberal alternatives on the political right and left. Further, a politically liberal stance regarding nonhuman animals and the environment is articulated. It is typical for debates in political philosophy to be adrift regarding the concept of method, but from start to finish this book relies on the processual method of reflective equilibrium or dialectic at its best. This is the first extended effort to argue for both political liberalism as a process-oriented view and process philosophy/theology as a politically liberal view. It is also a timely defense of political liberalism against illiberal tendencies on both the right and the left.


2020 ◽  
Vol 19 (1) ◽  
pp. 101-120
Author(s):  
Yousef M. Aljamal ◽  
Philipp O. Amour

There are some 700,000 Latin Americans of Palestinian origin, living in fourteen countries of South America. In particular, Palestinian diaspora communities have a considerable presence in Chile, Honduras, and El Salvador. Many members of these communities belong to the professional middle classes, a situation which enables them to play a prominent role in the political and economic life of their countries. The article explores the evolving attitudes of Latin American Palestinians towards the issue of Palestinian statehood. It shows the growing involvement of these communities in Palestinian affairs and their contribution in recent years towards the wide recognition of Palestinian rights — including the right to self-determination and statehood — in Latin America. But the political views of members of these communities also differ considerably about the form and substance of a Palestinian statehood and on the issue of a two-states versus one-state solution.


2020 ◽  
pp. 46-66
Author(s):  
Bоris N. Florya ◽  

Based on an analysis of sources, the author tries to reconstruct the course of events during the political crisis on the Right Bank, at the center of which was the confrontation between the right-bank hetman P. Doroshenko and his opponent, P. Sukhovey, an elected hetman of the Zaporozhian Sich with the support of the Crimean Khanate. The author shows that the opposition to Doroshenko was significant and was formed as well under the influence of the news about his Turkish citizenship. It was approved by the Korsun Rada, to participate in which the Right-Bank hetman was able to mobilize a significant number of supporters from the Right-Bank foreman. This caused discontent not only among the Cossacks, but also among the Cossack mob in a part of the Right-Bank regiments. Doroshenko’s attempts to get help from the Ottoman Empire were unsuccessful and in the summer his position became threatening: only two Cossack regiments stood on the side of the hetman. Only the arrival of the ambassadors of the Sultan in August 1669, who demanded that the Crimean Khanate stop supporting the opposition to Doroshenko, and the subsequent departure of the Tatars defused the situation and saved the Right-Bank hetman from losing the power. These events, as well as the ensuing similar domestic political crisis in the Right-Bank Ukraine in 1672, demonstrate how shaky the Doroshenko’s position was and how difficult it was for him to maintain the power.


2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>


Author(s):  
Hugh B. Urban ◽  
Greg Johnson

The Afterword includes an interview with Bruce Lincoln, in which he is asked to reflect on the current study of religion, methods of comparison, and the political implications of academic discourse. In addition to responding to specific points in these chapters, Lincoln also fleshes out what he thinks it would mean “to do better” in the critical study of religion amid the ongoing crises of higher education today. Perhaps most importantly, he reflects upon and clarifies what he means by “irreverence” in the study of religion; an irreverent approach, he concludes, entails a rejection of the sacred status that other people attribute to various things, but not of the people themselves.


1967 ◽  
Vol 2 (4) ◽  
pp. 509-524 ◽  
Author(s):  
B. J. O. Dudley

In the debate on the Native Authority (Amendment) Law of 1955, the late Premier of the North, Sir Ahmadu Bello, Sardauna of Sokoto, replying to the demand that ‘it is high time in the development of local government systems in this Region that obsolete and undemocratic ways of appointing Emirs’ Councils should close’, commented that ‘the right traditions that we have gone away from are the cutting off of the hands of thieves, and that has caused a lot of thieving in this country. Why should we not be cutting (off) the hands of thieves in order to reduce thieving? That is logical and it is lawful in our tradition and custom here.’ This could be read as a defence against social change, a recrudescence of ‘barbarism’ after the inroads of pax Britannica, and a plea for the retention of the status quo and the entrenched privilege of the political elite.


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