The Principle of Legality and its Transformation in Brazil
The Principle of Legality and its Transformation in Brazil
Author(s): Carolina Zancaner Zockun, Mauricio Zockun, Gabriela Bandeira De MelloSubject(s): Constitutional Law, Post-War period (1950 - 1989), Administrative Law
Published by: Editura Universitară Danubius
Keywords: legal principle; principle of legality in brazil; rule of law; control; administrative function; exceptions to legality; provisional measures;
Summary/Abstract: This article investigates the scope of the principle of legality in Brazil, its basis, developments, and limits and the role of governing officials in light of this principle. In a summarized manner, we examine the several instruments for the control of legality found in the Brazilian Constitution of 1988. We also analyze the legal institutes of a state of siege, a state of defense, and provisional measures, seeking to identify the reach of such exceptions to legality in Brazil and how their inordinate use has had an adverse effect on Brazilian society.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 18/2022
- Issue No: 3
- Page Range: 7-36
- Page Count: 30
- Language: English