VRÜ Verfassung und Recht in Übersee

With the establishment of the military regime in Brazil in April 1964, the military achieved its long-standing objective of exerting lasting influence as a key political actor. Despite its commitment to “restore the rule of law” and fortify...

The 1988 Constitution promoted the expansion of social policy in Brazil, but other constitutional rules on fiscal policy limited the sources and funding of social spending. This paper discusses how the original text of the Constitution and its...

This paper examines how democratic institutions respond to disinformation when it is weaponized by elected officials for illiberal purposes. It focuses on the role of courts in countering disinformation in Brazil from 2018 to 2022, when the country...

This article explores the varieties of law and memory in Brazil and Germany, aiming to understand how and to what extent each country juridified their past. In doing so, we strive to understand this phenomenon from a contemporary perspective and...

The concept of an “open society of constitutional interpreters”, originally formulated by Peter Häberle, is one of the most overused clichés in Brazilian constitutionalism. In this paper, drawing on (i) criticisms formulated against Häberle's...

Constitutional objectives are often general and vague. They constitute future-oriented norms that usually have a high political content and are binding on all branches of the state, despite not providing exhaustive clarifications about who is to...