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p-Index From 2019 - 2024
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This Author published in this journals
All Journal Udayana Journal of Law and Culture
Anna Lucia Berardinelli
Berardineli and Meireles Law Firm
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Equity in Brazilian Court Decisions during the Covid-19 Pandemic: Are there any Obstacles? Anna Lucia Berardinelli
Udayana Journal of Law and Culture Vol 4 No 2 (2020)
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/UJLC.2020.v04.i02.p04

Abstract

Brazil follows the precepts of the Civil Law system that leaving only limited space for equity. The ongoing pandemic spread crisis and uncertainty worldwide, and there is not enough time for legislators to fill the gaps. Even the already existing legal provisions were designed to cope with unexpected situations, they might be inappropriate in such an unprecedented situation, where everyday contracts are cancelled, obligations are defaulted, companies are bankrupt, and individual rights are mitigated. Courts in Civil Law countries usually do not allow to ground their decisions exclusively on equity powers. This article aims to discuss and propose how the use of evaluative equity in judicial decisions could be the path in the search for the realization of justice, through not only its integrative function but also in an evaluative way, ensure justice in the concrete case. This article concludes that equity is an essential tool for achieving a fair decision and the demands for the common good.
Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights Anna Lucia Berardinelli
Udayana Journal of Law and Culture Vol 1 No 1 (2017): Transforming Local Wisdom
Publisher : Faculty of law Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.912 KB) | DOI: 10.24843/UJLC.2017.v01.i01.p01

Abstract

Small part of entire Brazil’s national territory has already been demarcated as indigenous land. Facts reveal that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court. Keywords: Brazil, Indigenous, Constitution, Court.
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