Abstract

http://ssrn.com/abstract=1739226
 


 



Choosing Judges in Brazil: Reassessing Legal Transplants from the U.S.


Maria Angela Jardim de Santa Cruz Oliveira


Graduate Institute of International and Development Studies (HEI)

Nuno M. Garoupa


University of Illinois College of Law

January 12, 2011

American Journal of Comparative Law, Vol. 59, No. 2, 2011
Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-04

Abstract:     
This paper compares the Brazilian method with the United States general procedures of judicial selection at both state and federal levels. The most significant difference between judicial selections in both countries is that, at the lower level, the process is entirely administered by the judiciary in Brazil. Contrastingly, at the Supreme Court level, the Brazilian Constitution uses the same mechanism established by the United States, namely presidential nomination and Senate confirmation. This paper underlines that the constitutional transplant of the U.S. model of judicial selection at the Supreme Court level has produced a distinct balance of power between different branches of government in Brazil. We provide possible explanations for why apparently identical legal institutions have evolved in different ways, in particular focusing on the distinct role the Senate has developed in confirming presidential nominees.

Number of Pages in PDF File: 38

Accepted Paper Series


Download This Paper

Date posted: January 19, 2011  

Suggested Citation

Oliveira, Maria Angela Jardim de Santa Cruz and Garoupa, Nuno M., Choosing Judges in Brazil: Reassessing Legal Transplants from the U.S. (January 12, 2011). American Journal of Comparative Law, Vol. 59, No. 2, 2011; Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-04. Available at SSRN: http://ssrn.com/abstract=1739226

Contact Information

Maria Angela Jardim de Santa Cruz Oliveira
Graduate Institute of International and Development Studies (HEI) ( email )
PO Box 136
Geneva, CH-1211
Switzerland
Nuno M. Garoupa (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
Feedback to SSRN


Paper statistics
Abstract Views: 838
Downloads: 137
Download Rank: 118,909

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.437 seconds