Tag Archives: Brazil

The Changing Scope of the Freedom of Expression in the United States and Brazil

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Guest columnists Igor De Lazari and Antonio Sepulveda, and Justia editor David S. Kemp compare and contrast the evolving recognition of the rights of LGB individuals in the United States and Brazil. The authors point to several parallel decisions by the high court of each nation, but they also point to ways in which the jurisprudence of the two countries might diverge—specifically when religious beliefs appear to conflict with the recognition of the rights of gays and lesbians.

Cash or Card

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Guest columnists Antonio G. Sepulveda, Henrique Rangel, and Igor De Lazari comment on a recent decision by the U.S. Supreme Court that a New York law prohibiting merchants from imposing a surcharge for payment by credit card constitutes a regulation of speech, and they compare the Court’s treatment of the law as regulating speech with Brazil’s historic treatment of similar laws in that country as protecting consumers.

Funding the Judiciary: A Comparative Analysis of the United States and Brazil

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Guest columnists Igor De Lazari, Antonio G. Sepulveda, and Carlos Bolonha critique recent significant budget cuts to Brazil’s federal judiciary. The authors explain the importance of ensuring the judiciary has sufficient funds and draw upon both U.S. and Brazilian precedence to argue that allocating funds for the proper function of the judicial branch is a legislative prerogative.

Balancing Teachers’ Liberty Against Students’ Right to Unbiased Education

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Antonio G. Sepulveda, Carlos Bolonha, and Igor De Lazari comment on a law recently passed by the house of representatives of the Brazilian state of Alagoas—over the governor’s veto—that places certain restrictions on teachers’ autonomy in the classroom. Sepulveda, Bolonha, and De Lazari discuss the purpose of the law and the criticism leveled against it and draw upon United States federal case law as a basis for analysis.

Two Courts, Two Interpretations

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Igor De Lazari, Antonio Sepulveda, and Carlos Bolonha discuss a recent decision by the Brazilian Supreme Court affecting presidential impeachment procedures. The authors point out that the United States and Brazil have similar constitutional origins of impeachment proceedings but that the two countries diverge in interpreting and applying those provisions.

What We Could Learn from Brazil (and Vice Versa) About Presidential Impeachment Procedures (and Related Matters)

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Vikram David Amar, law professor and dean at Illinois Law, compares and contrasts the presidential impeachment procedures in the United States and Brazil. Amar suggests five ways in which these two large presidential democracies could benefit from more detailed study of the other’s procedures.

Deciding Strategically: Lessons From a Brazilian Supreme Court Decision

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Guest columnists Igor De Lazari, Antonio Sepulveda, and Henrique Rangel comment on a recent ruling by the Brazilian Supreme Court that criminal sentences may be enforced after a challengeable appellate court decision—a ruling the authors argue departs from the clear meaning of article 5, section LVII of the Brazilian Constitution. De Lazari, Sepulveda, and Rangel suggest that the ruling was based on strategic motivations by the justices, rather than purely on interpretations of the law.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more