TY - JOUR
KW - Constitutional amendment no. 96/2017
KW - Dialogue among powers
KW - Direct action of unconstitutionality no. 4.983/ ce
KW - Proposed amendment to the constitution n. 304/2017
KW - Vaquejada
AU - Monia Leal
AU - Maria de Moraes
AB - The (un)constitutionality of vaquejada s practice recently has become the center of Judiciary, Executive and Legislative analysis in Brazil. In a matter of months, the practice was considerate an unconstitutionality by Brazilian Federal Supreme Court, it has been recognized by law as a Brazilian cultural heritage and was object to an Amendment Proposed to the Constitution, of which accrue n. 96 Constitutional Amendment that excluded from the cruel practices those resulting from cultural practices that regulate and ensure animal s welfare. It s intended, in this context, to analyze whether the posture adopted by Powers of State sustained itself in an institutional dialogue or ignored the harmonic relation inherent to Principle of Separation Powers, being used for such thing the deductive method. In a first moment is analyzed the Direct Action of Unconstitutionality n. 4.983/CE and, after, the PAC referred, as well as Law n. 13.364/16 and Constitutional Amendment n. 96, being, lastly, addressed the question about the institutional dialogue. It can be extracted of this set of decisions taken by the three Powers the attempt to realize a dialogue by Legislative Power, at least as regards to the arguments utilization that try to counteract those that had been taken to a declaration of unconstitutionality by the higher Brazilian Tribunal.
BT - Revista de Investigacoes Constitucionais-Journal of Constitutional Research
DA - apr
DO - 10.5380/rinc.v5i1.56031
LA - Portuguese
M1 - 1
N1 - Publisher: Universidade Federal do Parana
N2 - The (un)constitutionality of vaquejada s practice recently has become the center of Judiciary, Executive and Legislative analysis in Brazil. In a matter of months, the practice was considerate an unconstitutionality by Brazilian Federal Supreme Court, it has been recognized by law as a Brazilian cultural heritage and was object to an Amendment Proposed to the Constitution, of which accrue n. 96 Constitutional Amendment that excluded from the cruel practices those resulting from cultural practices that regulate and ensure animal s welfare. It s intended, in this context, to analyze whether the posture adopted by Powers of State sustained itself in an institutional dialogue or ignored the harmonic relation inherent to Principle of Separation Powers, being used for such thing the deductive method. In a first moment is analyzed the Direct Action of Unconstitutionality n. 4.983/CE and, after, the PAC referred, as well as Law n. 13.364/16 and Constitutional Amendment n. 96, being, lastly, addressed the question about the institutional dialogue. It can be extracted of this set of decisions taken by the three Powers the attempt to realize a dialogue by Legislative Power, at least as regards to the arguments utilization that try to counteract those that had been taken to a declaration of unconstitutionality by the higher Brazilian Tribunal.
PY - 2018
SP - 63
EP - 81
T2 - Revista de Investigacoes Constitucionais-Journal of Constitutional Research
TI - "Dialogue" among Powers in Brazil? From inconstitutionality of vaquejada s practice regulation to vaquejada as a Brazilian intangible cultural heritage: a critical analysis
UR - https://www.scopus.com/inward/record.uri?eid=2-s2.0-85044253523&doi=10.5380%2frinc.v5i1.56031&partnerID=40&md5=d1009b0a86860de709bca03995197828
VL - 5
SN - 23595639 (ISSN)
ER -