La tendencia de conclusión de los acuerdos en forma simplificada: evolución y práctica brasilera

Almeida, Paula Wojcikiewicz

doi:10.16890/rstpr.a1.n1.161

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“…The Constitution of the United States ( 1787) and the Constitution of France ( 1791) legally mark the ending of the exclusive will and responsibility of the sovereign with regard to the conclusion of international treaties, now requiring such treaties to be submitted to and controlled by the parliament (Almeida 2013, Gabsch 2010, Medeiros 1995. Since then, in modern democracies, responsibility with respect to concluding international treaties has been shared by the Executive and Legislative Branches.…”

Section: Executive Agreements Before and After The Constitution Of 1988mentioning

confidence: 99%

Constitutionality analysis of amendments to the Protocol on Environmental Protection on the Antarctic Treaty Annexes

SANTOS

2022

An. Acad. Bras. Ciênc.

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Antarctic environmental and climatic conditions have repercussions inBrazil and South America and are a central focus of concern as their balance may be affected. Therefore, legal instruments of environmental protection such as the Protocol on Environmental Protection to the Antarctic Treaty are fundamental. To streamline its application, the Protocol foresees accelerated mechanism for the approval and entry into force of "Measures" that modify provisions in its Annexes. This basis makes it unnecessary to submit amendments to domestic processes of international treaties approval in member countries of the Antarctic Treaty -in the case of Brazil, National Congress approval. This could give rise to a violation of Articles 49, item I, and 84, item VIII, of the 1988 Brazilian Constitution. This paper claims that there is no violation. This conclusion was based on an approach that supports constitutionality based on formal foundations and interpretation of the law, so that, mainly, the provisions and norms arising therefrom are understood in the context of Executive Agreements. The methodological construction is supported by the deductive method and assumes that the research hypothesis is controlled.

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Section: Executive Agreements Before and After The Constitution Of 1988mentioning

confidence: 99%

Constitutionality analysis of amendments to the Protocol on Environmental Protection on the Antarctic Treaty Annexes

SANTOS

2022

An. Acad. Bras. Ciênc.

View full text Add to dashboard Cite

show abstract

La tendencia de conclusión de los acuerdos en forma simplificada: evolución y práctica brasilera

Cited by 1 publication

References 1 publication

Constitutionality analysis of amendments to the Protocol on Environmental Protection on the Antarctic Treaty Annexes

Constitutionality analysis of amendments to the Protocol on Environmental Protection on the Antarctic Treaty Annexes

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