Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Separation of Powers in the Brazilian Constitution (CF/88)

The Brazilian Constitution of 1988 (CF/88) consolidates the model of separation of powers established by philosophers like Montesquieu and John Locke in the seventeenth and eighteenth centuries. Consequently, the 1988 Charter sets out specific characteristics regarding the division of powers in the country, structured as follows:

Legislative Power

The Legislative Power, at the Federal level (Union/Brazil), is bicameral (two chambers) and exercised by the National Congress, which is composed of the Chamber of Deputies and the Federal Senate. This bicameral federal legislature is closely linked to the choice of the legislature and constitutes the federative form of the state.

The Legislative... Continue reading "Constitutional Separation of Powers: Brazil's 1988 Framework" »

Contract Amendments, Suspensions, and Termination

An amendment of contract is the alteration or modification of benefits or conditions agreed upon in the contract.

Types of Contract Amendments:

• Functional Mobility: When a worker goes to functions other than those initially agreed upon.
• Geographical Mobility: Occurs when a change in the workplace requires a change of residence.
• Temporary Displacement: A temporary change of workplace and residence.
• Final Service: A permanent or long-term change of workplace and residence.

Substantial Modification of Working Conditions:

(Refers to basic elements of the employment contract)

• Workshop
• Hours
• The regime shift work
• The remuneration system
• The system of work and performance
• Mobility extraordinary functional

Suspension

Norms with the Force of Law

Laws and Legislative Decrees

In a democratic and interventionist welfare state, the Executive Branch (Faculty) is increasingly able to establish rules. While the law emanating from Parliament is generally assumed to be general in nature and possess the force of law, other norms also achieve this status, such as Legislative Decrees.

The Decree-Law

Constitutional Basis and Provisional Nature

The Decree-Law is regulated in Article 86 of the Constitution. It has a provisional character. Once enacted, it must be approved, endorsed, or repealed within 30 days.

The 30-day period relates to its enactment. The King signs it, the President of the Government endorses it, and it is published in the BOE (Official State Gazette). The... Continue reading "Constitutional Regulation of the Spanish Decree-Law" »

Chile's 1925 Constitution

In 1925, upon resuming the Office of the President, Arturo Alessandri decided to convene an assembly. This assembly included men from all political parties (Conservatives to Communists), representatives of social organizations, and the army. Their goal was to prepare a draft constitution to replace the 1833 Constitution.

Major Constitutional Changes

• Shift to Presidentialism: The parliamentary system was changed for a presidential one, allowing the President to freely appoint ministers who could not be dismissed by occasional parliamentary majorities.
• Strong Executive: Creation of a strong executive with broad administrative powers, while maintaining civil liberties and individual rights. The President serves as both Head

Disentailment by the Cortes of Cadiz (1811)

In 1811, the Cortes of Cadiz addressed the pressing public debt problem. While bankruptcy was considered, a group of deputies successfully passed a decree. This decree stipulated that affected land rents would be used for debt payment.

This marked the first general disentailment statute of the nineteenth century, though its practical application was limited. During the Liberal Triennium, disentailment law was restored. In 1820, all monasteries of the monastic orders were suppressed. With this decree, disentailment was no longer limited to partial measures but was pursued with greater resolve.

Mendizábal's Disentailment & Reforms

Juan Álvarez Mendizábal, a key figure in Spanish disentailment, participated... Continue reading "Spanish Disentailment Laws: 19th Century Reforms" »

Obligations II: Final Exam

Item 1: Compulsory Force Contracts

Compliance with Express and Implied Contract Terms:

• Explicit Terms: Provisions clearly stated in the contract, leaving no doubt in interpretation.
• Implied Terms: Assumed to be part of the contract, though not formally expressed, and subject to interpretation.

Revocation of Contract by Mutual Consent

Contracts can be terminated by the will of all parties involved. If created by mutual consent, it can only be dissolved similarly.

Revocation of Contract by Unilateral Will

In certain contracts, legislation allows termination by one party's will, sometimes inalienable. Examples include leases, employment contracts, dissolution of societies, donations, and sales with repurchase agreements.

Good

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector

The Derived Constituent Power: Reforming the Constitution

A constitutional text is implemented, and with diverse content in place, legislatures begin every four years, and elections are called. A constitution lasts for the duration; there is no deadline.

The EC (presumably, the existing constitution) should ensure stability and a standard duration through rigid constitutional mechanisms.

To change the EC, one has to modify it and create another. Legal norms are norms amending constitutions, flexible, but usually not changed like the rest of the rules. They establish special mechanisms to stiffen constitutional amendment. This is implemented in two ways:

Intangibility clauses: For example, the German constitution cannot be reformed in ways that... Continue reading "Constitutional Reform: Understanding Derived Constituent Power" »