The Principle of Legality and its Transformation in Brazil

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 o...

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Bibliographic Details
Published in:Acta Universitatis Danubius. Juridica 2022, Vol.18 (3), p.7-36
Main Authors: Zockun, Carolina Zancaner, Zockun, Mauricio, De Mello, Gabriela Bandeira
Format: Article
Language:eng ; fre
Subjects:
Administrative Law
Constitutional Law
Exceptions
Legality
Post-War period (1950 - 1989)
Side effects
Transformation
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Summary: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.
ISSN:1844-8062
2065-3891