Conventionality Control and Amendment 95/2016 - A Brazilian Case of Unconstitutional Constitutional Amendment
Direitos Fundamentais na Nova Ordem Mundial (Ana Cláudia Santano, Emerson Gabardo and Bruno M. Lorenzetto eds., Editora Ithala, 2018 Forthcoming).
19 Pages Posted: 16 Jan 2018
Date Written: January 10, 2018
This article focuses on Constitutional Amendment 95 of December 2016 to the Brazilian Constitution, which imposes a ceiling on public expenditures and prevents the expansion of investments in sectors such as health and education for twenty years. We analyze whether Amendment 95 is compatible with the "stone clauses" (cláusulas pétreas) of the constitution, and as an alternative argument, claim that it can be the object of conventionality control on the basis of international human rights conventions to which Brazil is a signatory.
Keywords: cláusulas pétreas, unamendable provisions, Brazil, Amendment 95/2016, conventionality control, judicial review of constitutional amendments
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