Virgílio Afonso da Silva is Professor of Law at the University of São Paulo Law School. He received his doctoral degree in Law from the University of Kiel, Germany (2002) and his habilitation degree ("Livre-Docência") from the University of São Paulo, Brazil. His main research fields within the public law are constitutional interpretation, constitutional and human rights (including social and economic rights), separation of powers, political representation and electoral systems. (Source: Lattes Curriculum)
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The literature on proportionality, both in Brazil and abroad, has grown dramatically in the last 20 years. However, to a great extent it still focuses on a few controversial points, such as the rationality of balancing, while several relevant aspects are either less analyzed than they should or simply ignored. This research intends to fill this gap and produce relevant knowledge for the i…
Acknowledging the growing influence of pressures on networks and their consequences for contemporary democracies, the project intends to investigate how public opinion on social media operates specifically on the Brazilian supreme court's political behavior and reputation. While the legal and political literature states that social networks change the course of democratic institutions and…
The thesis investigates whether and based on which type of reasons constitutional courts should oversee the organization of the democratic process performed by the parliament, given the countermajoritarian difficulty associated with the institution of judicial review and the regulatory complexities associated with the process of designing legitimate electoral institutions. The thesis conc…
The rise of the Operation Car Wash showed that the boundary between criminal bribery and legitimate political donation is an issue that has the potential to impact political rights, regardless of the perspective taken. Even more disturbing, it may cause legitimacy crises of key institutions of the Brazilian constitutional democracy and put the resilience of the 1988 Constitution at risk. …
During the Brazilian 2019 Federal Senate's Director Board Election, there was a big controversy over whether the election should adopt, as usual, a secret ballot or it should change to an open ballot, so the representatives could be held accountable for their votes. Even though 50 senators opted for an open election, against only 2 senators who opposed it, the election was held through a …
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The problem of money in politics has been a major concern for the Supreme Court and lower courts of the United States of America, and for the American constitutional debate at least since the 1970s. They have deeply discussed cases regarding the boundary between a legitimate political donation or a gift, and a bribe; and have developed the constitutional law of democracy approach which in…
The aim of the present project is the formulation of a research proposal focused on the problem of the justiciability of social rights within the European systems of human rights protection (the European Council and the European Union law), with special regard to their relations with the limits imposed by budget constraints. The issue belongs to the larger doctrinal debate (on which the o…
The present BEPE project reflects the second stage of a research funded by FAPESP, which aims at articulating a theory for the ascertainment of the role the UN plays in the development of customary international human rights norms regarding non-state actors, and at applying the theory to the study of different empirical cases. The theory focuses on the formation of customary legal norms; …
| 5 / 3 | Completed research grants |
| 2 / 2 | Ongoing scholarships in Brazil |
| 28 / 22 | Completed scholarships in Brazil |
| 1 / 1 | Ongoing scholarships abroad |
| 3 / 2 | Completed scholarships abroad |
| 39 / 30 | All research grants and scholarships |
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