Contacts

The judge’s margins in the face of restrictions on the fundamental right to retribution

CAIADO, Bárbara Barbizani de Mello – The judge's margins in the face of restrictions on the fundamental right to retribution: comment on the Portuguese Government's State Budget laws of 2011, 2012 and 2013 and their respective inspections by the Constitutional Court. In: Constitutional jurisdiction and fundamental rights: studies in Homage to Jorge Reis Novais. Belo Horizonte : Arraes Editores, 2015.

IN-SHORT: “As a fundamental right, the retributive guarantee is an asset against the political majority and, therefore, acts as an armor in the face of interventions that affect the degree of concretization underlying it, as legislative concretizations reduce the degree of abstraction and generality of the rule, and increase the judge’s margin of control in the face of a restriction, by integrating the content made with the fundamental guarantee.” Bárbara Barbizani De Mello Caiado

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