La inelegibilidad del analfabeto en Brasil: por una lectura más democrática
The Brazilian Constitution establishes that illiterates are ineligible. Despite of the disapproval of this restriction, in some cases it is difficult to know whether a person is ineligible or not, because the term �illiterate� assumes vague outlines. This work aims to investigate how it has been con...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4273171 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 27, 2011, pags. 103-122 |
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| Summary: |
The Brazilian Constitution establishes that illiterates are ineligible. Despite
of the disapproval of this restriction, in some cases it is difficult to know
whether a person is ineligible or not, because the term �illiterate� assumes
vague outlines. This work aims to investigate how it has been concretized
the ineligibility of the illiterate in Brazil. The hypothesis we have is that the
concept of illiterate can vary according to the constituency and also in accordance
with the elective office under discussion. Then, this study is based
on the concretion theory, which says that the norm results from a process of
concretion, where, in addition to the legal precept, the factual circumstances
relating to case also works. This allows us to interpret the ineligibility of the
illiterate according to the context. |
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