The Judiciary: Organization, Principles, and Functions
The Judiciary
Definition and Role
The judiciary encompasses all judges who possess the power to judge and execute, shaping reality in the pursuit of justice. The term ‘judiciary’ is enshrined in the Constitution, emphasizing its role as a constituent power alongside the legislature and the executive.
Constitutional Principles
The Constitution outlines principles governing the judiciary’s organization and function:
Principles Relating to Organization
- Principle of Legality: All matters concerning judges
The Transformation of Criminal Law: From Public Domain to Privatization
1. The Criminal Law and its Membership in Public Law
Criminal law belongs to the public domain because it regulates private relationships with the state, which is the only entity entitled to create and enforce criminal law. The judiciary is responsible for applying the law, while criminal administration assumes the obligation of executing sentences. The judge oversees prison supervision, which the administration carries out.
In recent times, several institutions have emerged and been incorporated
Read MoreInternational Law and Nationality Q&A
The Federal Constitution has brought significant changes with regard to matters of nationality.
Given the current text can say that:
a) are naturalized Brazilians living in the territory for more than fifteen consecutive years, if not apply for Brazilian nationality.
b) Brazil adopts the system of jus sanguinis, ie, only Brazilians are those born of a father or a Brazilian mother.
c) The native Brazilians born in the Federative Republic of Brazil, even though the foreign country,
Principles of Catholic Social Teaching
11 Economic Activity
Economic life should not seek only to multiply goods produced and increase profit, but should be primarily organized to serve people and society. Economic activity should operate within the limits of moral order and justice. Social disputes need to be resolved through negotiations between employers and workers, respecting the rights and duties of each party.
Economic Systems
Definition
There are two basic economic systems derived from two political systems: liberalism and socialism.
Read MorePublic Administration and Administrative Law
1. Public Administration
1.1 The Public Administration as a Legal Person
Plurality of Public Administrations and Mitigation Techniques
General:
- The executive branch is referred to as the administration.
- Administrative law governs the actions of the government.
Legal Entity
A legal entity is a fictitious creation that allows for the conduct of business. It possesses obligations and rights similar to an individual.
How many public administrations exist?
The state, autonomous regions, provinces, and municipalities
Read MoreLimits of Legal Standards Effectiveness & Retroactivity
) Limits of the Effectiveness of Legal Standards in Relation to Time: Retroactivity and Non-Retroactivity. Discretion of the Constitution and the Civil Code
Time Limits: Mandatory legal rules are marked by their entry into force and their cessation.
Entry into Force of the Law
Laws become effective upon publication, as established explicitly or implicitly. If no date is set, Article 2 of the Civil Code states:
- Laws come into force 20 days after their complete publication in the Official Gazette, unless