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 (IHEID)
Nuno M. Garoupa
Texas A&M University School of Law; Catholic University of Portugal (UCP) - Católica Global School 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
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
Date posted: January 19, 2011
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