[vc_row el_id=”post”][vc_column width=”2/3″ el_class=”sideLeftPost”][vc_raw_html el_id=”postImgDestaque”]JTNDZGl2JTIwY2xhc3MlM0QlMjJpbnNlcnRJbnNpZGUlMjIlM0UlM0MlMkZkaXYlM0U=[/vc_raw_html][vc_column_text]This article was published in the January/February edition of RCDI.
Professor Carlos Roberto Firme Filho of IDP published his article “The control of constitutionality in Brazil and Italy: A practical and critical comparative study between the models” in the Journal of Constitutional and International Law – RCDI. In the article, the professor compares the evolution of the Brazilian and Italian constitutional process through a theoretical-empirical study.
The professor explains that he developed the article during his master's degree in Contemporary Legal Systems, carried out at the Università degli Studi di Roma “Tor Vergata” in Rome, Italy, and based it on comparative constitutional review and the approximation between classical models, inevitably studying the Brazilian and Italian Constitutions in greater depth.
According to the Professor, the article serves as a way to address and research the challenges faced by the current Brazilian Constitution. "As stated in the article's abstract, the initial aim was to gain a better understanding of the reality of the constitutional process in Italy and Brazil in order to then address the major weaknesses existing in these models. After much reflection and based on Comparative Law, we suggest several changes, some by the Legislative Branch and others by the Judicial Branch itself. Thus, its importance, in my view, is to contribute as another source of debate to help solve the serious problem of the thousands of cases that arrive at and overwhelm the Supreme Federal Court and weaken the hybrid model of Brazilian constitutional review," explains the Professor.
Summary of the work:
This article seeks to analyze, through a comparative-evolutionary study of contemporary constitutional review, how Italy and Brazil have been defending their constitutions. To gain an understanding of the quality of the constitutional process in these countries, the notably classic Italian model of concentrated control was compared with the more hybrid model – the Brazilian one – through a theoretical-empirical study. From this, several benefits were initially observed in combining the institutes of the concentrated and diffuse models, but which, from a macro perspective, require caution and further reflection for effective adjustments, as can be seen from the procedural numerical analysis of the highest Brazilian Court. Finally, the overview of constitutional review aims to demonstrate the main aspects and perspectives of the analyzed constitutional review models, with warnings and suggestions for change.
Check out the full article in the IDP Library:
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