CULTURE AND ACCOUNTABILITY

The purpose of the present paper is to explore the relationship between the level of accountability and political culture. In doing so, we do not simply rely on a conceptualization of (political) culture as religion or religious denominations, but also as civicness, familism, secularism and post¬materialism. The results of our data analyses suggest two broad considerations: first, that culture matters and, second, that some aspects of culture are more important than others. Specifically our data analyses reveal that accountability is more sensitive to civicness, post-materialism, and years of democratic rule than it is to familism or the pervasiveness of Christianity. Finally, our data analyses reveal that these facets of (political) culture have a greater impact on accountability than some institutional factors such as the form of government.

THE IDEA OF PROCEDURAL JUSTICE BEFORE THE PENSION AUTHORITY

The concept of justice, crystallizing over the centuries, is very important in creation of material law and shaping the procedures necessary for their implementation. The importance of ideas and principles of procedural justice for social insurance is essential not only because of the demand of law itself. Procedural justice is also important, because it influences the society. Analysis of the procedure before the pension authority on application for pension or retirement through the prism of the constitutional principle of the rule of law, concept of procedural justice and principle procedural due process indicates that justice is indispensable to realize the principle of the democratic rule of law. Robert S. Summers, recognizing other values of the process, taken from social life, sees the necessity to apply them not so much to the procedure as a means to achieve a specific goal, but to the procedure itself. In this context the procedure before the pension authority should be seen through the prism of the error risk, good result of the procedure, procedure evaluation and participatory management.

Laicidade, gênero e suas implicações no Estado Democrático de Direito: A necessidade de uma ecologia integral | Laicity, gender and their implications for the Democratic Rule of Law: The need for an integral ecology

Em 10 de julho de 2019, Jair Messias Bolsonaro disse: “Muitos tentam nos deixar de lado dizendo que o estado é laico. O estado é laico, mas nós somos cristãos. (...) Por isso, o meu compromisso: poderei indicar dois ministros para o Supremo Tribunal Federal. Um deles será terrivelmente evangélico”. O tema do presente artigo, portanto, é o estado laico na República Federativa do Brasil diante do incitamento político de algumas religiões em detrimento de outras e a notória influência histórica que algumas crenças apresentam com relação ao aspecto do gênero. O objetivo geral é analisar como a violação ao estado laico influencia nas questões do gênero feminino e, consequentemente, viola o Estado Democrático de Direito. Para tanto, os objetivos específicos são: a) analisar o Estado Democrático de Direito e o princípio do estado laico; b) analisar os requisitos para compor o Supremo Tribunal Federal; e c) analisar a influência de crenças religiosas com relação ao gênero feminino. A metodologia a ser utilizada é de pesquisa qualitativa, por intermédio de um método indutivo com análise documental. A presente pesquisa apresentou como resultado a violação ao Estado Democrático de Direito, em 2019, acerca da laicidade do estado, que feriu diferentes princípios constitucionais. On July 10, 2019 Jair Messias Bolsonaro said: “Many try to leave us aside saying that the state is secular. The state is secular, but we are Christians. (...) Therefore, my commitment: I will be able to appoint two ministers to the Federal Supreme Court. One of them will be terribly evangelical.” The theme of this article, therefore, is the secular state in the Federative Republic of Brazil, in view of the political incitement of some religions to the detriment of others, and the notorious historical influence that some beliefs have in relation to the aspect of gender. The general objective is to analyze how the violation of the secular state influences women's issues and, consequently, violates the Democratic Rule of Law. Therefore, the specific objectives are: a) to analyze the Democratic Rule of Law and the principle of the secular state; b) analyze the requirements to compose the Federal Supreme Court; and c) analyze the influence of religious beliefs regarding the female gender. The methodology to be used is qualitative research, through an inductive method with document analysis. The present research presented as a result the violation of the Democratic Rule of Law, in 2019, concerning the secularity of the state, that hurt different constitutional principles.

Sore Losers: Does Terrorism and Approval of Terrorism Increase in Democracies When Election Losers Refuse to Accept Election Results?

A necessary component of peaceful democratic rule is the willingness of election losers to accept election defeats. When politicians and parties acknowledge defeat in democratic elections, they reinforce the peaceful transition of power that sustains political order. When election losers in democracies reject election results, the public’s confidence in democratic institutions is weakened, grievances and polarization abound, and the potential for violent mobilization grows. In this environment, terrorist activity is more likely. I test this proposition using cross-national time series panel data and within-country public opinion data for a wide set of democracies. I find that democracies experience significantly more domestic terrorist casualties when election losers reject election results. Moreover, I find that public willingness to tolerate and justify terrorism as a tactic increases in democratic countries where election losers reject election results.

DERIVING FROM THE BASIC LEGAL AND DEMOCRATIC RULE OF THE STATE AND THE RIGHT OF THE PERSON IN PRINCIPLE TO CARRY OUT MATERIAL-LEGAL CLAIMS ONLY IN PART AS AN EXPRESSION OF A LEGAL AND DEMOCRATIC STATE

In the article, the author looks at the origin of the principle of the private autonomy from the point of view of the basic normal theory, stating that the basic legal and democratic norms of the country are derived from the rule of law. Moreover, the private autonomy also includes, in principle, the right of a person to exercise the right to carry out material legal claims, even in part, if the person so wishes.

Spain in the Making and Reception of García Márquez’s Works

Gabriel García Márquez is one of the most beloved and read writers of the last century in Spain. Yet his early literary works went almost unnoticed for more than a decade among Spanish publishers, critics, and readers. The success of One Hundred Years of Solitude and subsequent works transformed him into a popular bestselling writer and iconic figure in that country. Using little-known and new sources, including documents from contemporary reviews and readers’ reactions as well as the author’s archives, this article studies the reception of García Márquez’s works and his rise to stardom in Spain. Key to the successful response to his oeuvre were (1) the literary education of the author, which allowed him to develop a writing style with appeal to Spanish audiences; (2) the diffusion and consecration of the New Latin American Novel (aka Boom novel) during a crisis in Peninsular fiction; (3) the modernization of Spain’s book industry, which benefited the promotion of García Márquez’s works among the rising middle classes; and (4) the writer’s involvement in the country’s cultural and political affairs during its transition to and consolidation of democratic rule. The intersection of these threads resulted in the appropriation of García Márquez as a Spanish writer and his transformation into one of Spain’s cultural icons. This article builds on analytical tools developed by the fields of cultural sociology and the history of reading practices.

O DIREITO SOCIAL DE MORADIA

The importance of the social housing right for society is due to the fact that it is essential for it to be fair, free, equal and democratic. This article aims to analyze the effectiveness and applicability of the right to housing in Brazilian society by examining its explainingthe importance of this right for the dignity of the human person. Social Rights are provided forin art. 6 of the 1988 Federal Constitution and are characterized as content of the social order. They are related to fundamental freedom and equality, which guarantee individuals material conditions necessary for their dignified survival, consisting of essential assumptions for the exercise of citizenship and for the Democratic Rule of Law. The method used in this project was bibliographic research. Based on the constitutional provisions, which ensure the social right to housing as an essential point of this study, always interpreting them based on the concept of human dignity. We also use the best doctrines on the topic, using Constitutional Law manuals and articles to support our conclusions.

The post-2010 ‘Democratic Rule of Law’ practice of the Hungarian Constitutional Court under a rule by law governance

The paper focuses on the democratic rule of law principle as it appeared in the practice of the Hungarian Constitutional Court under the 1989 Constitution and the 2012 Fundamental Law. The rule of law doctrine had a paramount role in the argumentation of the Court in the 1990s as a normative fact and a programme of the Hungarian state. Under the Fundamental Law introduced in 2012, however, it has been somewhat relegated to the background in case law. The study first recalls the main achievements and characteristics of the democratic rule of law state interpretations of the Constitutional Court and then focuses on developments since the introduction of the Fundamental Law. On the one hand, it outlines the constitutional and institutional capacity of the court regarding the protection of the rule of law principle. On the other hand, it reveals the characteristics of the post-FL interpretation through case studies in the field of legal certainty and judicial independence, both of which were representative elements of the pre-2010 constitutional practice from the point of view of the democratic rule of law state doctrine.