Absentes, adsunt: Pontes de Miranda, Hans Kelsen and the discussions about the constitutional jurisdiction in the Constituent Assembly of 1933-1934
DOI:
https://doi.org/10.15448/1984-7718.2014.1.16548Keywords:
Constitutional jurisdiction, Pontes de Miranda, Hans Kelsen, Constituent Assembly.Abstract
This work is about a debate; a debate among absents, but whose doctrines and thoughts were exposed and controverted during The brazilian Constituent Assembly of 1933-1934. The subject of the debate: the creation of a Constitutional Court in Brazil, according to the european (kelsenian) model, or the permanence, although with some changes, of the judicial review (in concreto) system of the constitutionality of laws and statutes, first structured in the 1891 brazilian Constitution. The authors in debate: Pontes de Miranda and Hans Kelsen, and their respective theories.Downloads
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