scholarly journals Studies about the Quality of Democracy in Brazil: The Inter-institutional Accountability Dimension

1970 ◽  
pp. 29
Author(s):  
Vicente Fonseca ◽  
Carlos F. Domínguez Avila ◽  
Henry Aniagoa Kifordu
Keyword(s):  
Supreme Court ◽  
Latin American ◽  
Quality Of Democracy ◽  
Institutional Accountability ◽  
Independent Information ◽  
The Supreme Court ◽  
High Level ◽  
Latin American Countries ◽  
Made In

The quality of democracy in Brazil can be analyzed and studied through seven dimensions based on Leornardo Morlino´s thought. It follows that the intellectual effort made in this article is centered on ‘Inter-institutional Accountability Dimension’. The studies’ objective is to describe and analyze the sub-dimensional levels of inter-institutional accountability by focusing on the Legislative relations with the Executive; the decisions of the Supreme Court; the Ombudsman and the General Audit of the Union, the Plural and Independent Information and the Bureaucratic Decentralization Models. In this context, we will examine the current political context of the country and seek to confirm the existence of a high level of inter-institutional accountability in Brazil in comparison with other Latin American Countries. Thereby, we will make proposals for improving the situation.

scholarly journals The Democratic Cost of Consecutive Re-election and Presidential Term-Limit Evasion in Latin America

2021 ◽  
pp. 1-31
Author(s):  
Karel Kouba ◽  
Jan Pumr
Keyword(s):  
Latin American ◽  
Control Method ◽  
Term Limits ◽  
Synthetic Control ◽  
Synthetic Control Method ◽  
Quality Of Democracy ◽  
Term Limit ◽  
Election Rule ◽  
Latin American Countries

Abstract Despite theoretical arguments suggesting the strong effects of presidential term limits and re-election on democracy, there is surprisingly little empirical evidence to evaluate them. We test both the effect on democracy of the existence of a consecutive re-election rule and of reforms introducing it for incumbent presidents. Using evidence from Latin American countries between 1945 and 2018, we test their relationship to both vertical and horizontal accountability. A synthetic control method is employed to account for the effect of term-limit reforms, and time-series cross-section models for modelling the association with the re-election rule. Both vertical and horizontal accountability as well as the quality of democracy are eroded by term-limit evasion reforms in most countries and strengthened in none between 1990 and 2018. Allowing presidents to run for re-election – relative to term-limited ones – is consistently associated with weak democratic outcomes.

scholarly journals The Impact of Constitutional Replacements on the Quality of Democracy in Latin America

Politologija ◽  
2020 ◽  
Vol 99 (3) ◽  
pp. 93-128
Author(s):  
Orestas Strauka
Keyword(s):  
Latin American ◽  
Party System ◽  
Qualitative Comparative Analysis ◽  
Sufficient Conditions ◽  
Necessary Condition ◽  
Quality Of Democracy ◽  
And Inversion ◽  
The Impact ◽  
Latin American Countries

The article aims to evaluate whether and how constitutional replacements influence the quality of democracy in Latin American countries. The fuzzy-set qualitative comparative analysis method is applied while analysing 18 Latin American countries. The objective of the article- nine new constitutions that are assigned to the new constitutionalism period. The results reveal that constitutional replacements are neither sufficient nor necessary condition for quality of democracy. On the contrary, the parsimonious solution shows that quality of democracy can be explained by both high levels of education and inversion of constitutional replacements and inversion of constitutional replacements, institutionalised party system and non-homogeneous society. Inversion of quality of democracy analysis indicated that constitutional replacements, together with other conditions, form sufficient conditions for inversion of quality of democracy.  

Permissive Winners? The Quality of Democracy and the Winner–Loser Gap in the Perception of Freedoms

2020 ◽  
pp. 003232172095223
Author(s):  
Alejandro Monsiváis-Carrillo
Keyword(s):  
Survey Data ◽  
Latin American ◽  
Political Context ◽  
The Political ◽  
Democratic Institutions ◽  
Quality Of Democracy ◽  
Regime Stability ◽  
Latin American Countries

Voters usually differ in their assessment of the regime’s legitimacy, depending on their status as winners or losers. However, how wide or narrow the winner–loser gap is also depends on the quality of democratic institutions. Using survey data from 18 Latin American countries, this research provides evidence that winners and losers respond differently to the quality of democracy. While most research is concerned with the losers’ consent, this study shows that the winners express more favorable assessments of the supply of freedoms, even in regimes where democracy is weak or undermined by the deliberate efforts of the political authorities. Instead, in their perception of freedoms, losers are more willing to acknowledge if the quality of democracy improves or declines. These results suggest that the potential consequences of the winner–loser gap for regime stability are highly dependent on the democratic attributes of the political context.

Education, democratic governance, and satisfaction with democracy: Multilevel evidence from Latin America

2020 ◽  
pp. 019251212095287
Author(s):  
Alejandro Monsiváis-Carrillo ◽  
Gabriela Cantú Ramos
Keyword(s):  
Latin American ◽  
Democratic Governance ◽  
Public Officials ◽  
Quality Of Democracy ◽  
Level Of Education ◽  
Satisfaction With Democracy ◽  
Highly Educated ◽  
The Relationship ◽  
Latin American Countries

It is usually recognized that satisfaction with democracy is enhanced by clean governments and fair democratic procedures. However, under certain circumstances, some citizens might appreciate the quality of democratic governance more than others. Building on research that underlines the accuracy and norm-inducing functions of education, we argue that the quality of democratic governance conditions the relationship between education and satisfaction with democracy. Analyzing data from 18 Latin American countries, we find that higher-educated citizens are less satisfied with the regime than the less-educated. Among the highly educated, nonetheless, the least satisfied are those who were asked by public officials to pay bribes. Highly educated individuals are more satisfied with the regime if their country’s quality of democracy is robust rather than weak. At the lowest level of education, the conditional influence of being asked for a bribe or the quality of democracy is absent.

scholarly journals Presidential Control of High Courts in Latin America: A Long-term View (1904-2006)

2009 ◽  
Vol 1 (2) ◽  
pp. 87-114 ◽  
Author(s):  
Aníbal PΈRez-Liñán ◽  
Andrea Castagnola
Keyword(s):  
Supreme Court ◽  
Latin American ◽  
Executive Branch ◽  
High Turnover ◽  
High Courts ◽  
The Supreme Court ◽  
Lower Courts ◽  
Political Conditions ◽  
Latin American Countries

In many Latin American countries the executive branch manipulates the composition of the Supreme Court, and judicial independence has remained elusive. Because high courts can exercise judicial review and influence lower courts, incoming presidents often force the resignation of adversarial justices or “pack” the courts with friends. One indicator of this problem has been the high turnover among members of the high courts. In this paper we offer systematic evidence to compare this problem across countries and to place this issue in historical perspective. Our analysis covers 11 Latin American countries (Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Panama, and Uruguay) between 1904 and 2006. We model the entrance of new justices to the Supreme Court as a function of “natural” (legal and biological) factors, political conditions empowering the president to reshuffle the Court, and institutional incentives promoting executive encroachment on the judiciary.

AB0306 Employment and Quality of Life Among Patients with Rheumatoid Arthritis in Four Latin-American Countries

2015 ◽  
Vol 74 (Suppl 2) ◽  
pp. 996.1-996
Author(s):  
R.M. Xavier ◽  
J. Morales-Torres ◽  
D.C.R. Ramos-Remus ◽  
P. Chalem ◽  
J.F. Molina ◽  
...  
Keyword(s):  
Quality Of Life ◽  
Rheumatoid Arthritis ◽  
Latin American ◽  
Latin American Countries

Transforming the Law on Psychiatric Lesions

2021 ◽  
Vol 2021 (2) ◽  
pp. 253-271
Author(s):  
Emile Zitzke
Keyword(s):  
Supreme Court ◽  
Expert Witnesses ◽  
The Supreme Court ◽  
Psychological Harm ◽  
The Law ◽  
Constitutional Right ◽  
Law Of Delict ◽  
Court Of Appeal ◽  
Made In

In this article, I trace the development in the law of delict of recognising general damages claims on account of psychiatric lesions with the aim of making suggestions on how to transform it. Using the tragic case of Michael Komape as a springboard for the discussion, I argue that even though the Supreme Court of Appeal has recently brought clarity on the law on psychiatric lesions, more transformative work still needs to be done. More specifically, this article contends that the constitutional right to bodily and psychological integrity might require us to rethink the high evidentiary threshold that courts have set for proving the element of harm in cases related to psychiatric lesions. I argue that this can be done in at least three ways: First, by very cautiously bringing about a development that would involve protecting victims of psychological harm whose expert witnesses are shown to be inadequate despite all other facts indicating the existence of a psychiatric lesion. Secondly, by lowering the requirement of “recognised psychiatric lesion” to “grievous mental injury”, in line with similar arguments made in England. Thirdly, and most controversially, by acknowledging that perhaps the time has come for our law to recognise claims for so-called “grief in the air”.

scholarly journals Pravni položaj poštenog i nepoštenog posjednika u odnosu na vlasnika stvari

2017 ◽  
Vol 38 (1) ◽  
pp. 527-543
Author(s):  
Jadranko Jug
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Basic Method ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Legal Position ◽  
The Republic ◽  
Basic Characteristics ◽  
The Right

This paper deals with the problems related to the legal position of honest and dishonest possessors in relation to the owner of things, that is, it analyses the rights belonging to the possessors of things and the demands that possessors may require from the owners of things to whom the possessors must submit those things. Also, in contrast, the rights and requirements are analysed of the owners of things in relation to honest and dishonest possessors. In practice, a dilemma arises in defi ning the essential and benefi cial expenditure incurred by honest possessors, what the presumptions are for and until when the right of retention may be exercised for the sake of remuneration of that expenditure, when the statute of limitations expires on that claim, and the signifi cance of the provisions of the Civil Obligations Act in relation to unjust enrichment, management without mandate and the right of retention, and which provisions regulate these or similar issues. The answers to some of these dilemmas have been provided in case law, and therefore the basic method used in the paper was analysis and research of case law, especially decisions by the Supreme Court of the Republic of Croatia. The introduction to the paper provides the basic characteristics of the concept of possession and possession of things, and the type and quality of possession, to provide a basis for the subsequent analysis of the legal position of the possessor of a thing in relation to the owner of that thing.

scholarly journals Integration of Functional and Traditional Food in Emerging Markets: Regulatory and Substantive Aspects of Yerba Mate and Quinoa

2016 ◽  
Vol 10 (1) ◽  
pp. 75-80
Author(s):  
Claudia Elena Gafare ◽  
Mauro Serafini ◽  
Giulia Lorenzoni ◽  
Dario Gregori
Keyword(s):  
Latin American ◽  
Functional Food ◽  
Functional Foods ◽  
Well Being ◽  
Health Improvement ◽  
Traditional Food ◽  
Yerba Mate ◽  
Future Directions ◽  
Latin American Countries

Given the rising cost of healthcare, the increase in life expectancy and the wish for a better quality of life, the request for foods and beverages producing a beneficial effect on health has increased worldwide. “Functional food” is a new concept and may play a key role in diseases’ prevention and management. Although its meaning is currently under definition, its role in global health improvement is growing constantly. This article aims at giving a description of existing legislation on functional food in South America, identifying future directions for health and marketing policies. Furthermore, authors provide a literature revision on two products widely consumed in Latin American countries: Yerba Mate and Quinoa. Thanks to their beneficial health effects in terms of disease prevention and promotion of well-being, they may be considered as functional foods with a potential key role in health care.

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