São Paulo Law School launches book on courts in Brazil, South Africa and India

FGV's São Paulo Law School launched on March 14 the book Transformative constitutionalism: comparing the apex courts of Brazil, India and South Africa - edited by Pretoria University Law Press. The work was organized by the professor of Constitutional Law at São Paulo Law School, Oscar Vilhena Vieira; by the professor of Delhi University and the University of Warwick, Upendra Baxi; and director of the Center for Human Rights, of University of Pretoria, Frans Viljoen.The meeting was organized in partnership with the NGO Conectas and with the participation of Sandra Fredman, professor at Oxford University, who wrote a book chapter analyzing the treatment given by the South African Supreme Court in support of women's rights. In her presentation, the expert pointed out that the Court had to create mechanisms to deal with forms of exclusion deeply rooted in the South African society under the forms of gender, skin color and patriarchy - in a sense common in the Indian and Brazilian courts.The event was also attended by the lawyer of the Alternative Law Forum in New Delhi, author of the chapter that dealt with the defense of freedom of sexual minorities in India, Arvind Narrain, and the PhD student in Comparative Constitutional Law at the Central European University, researcher and assistant editor of the book, Thiago Amparo. Both left their testimonials by videoconference.In Oscar Vilhena's opinion, the research result was a set of comprehensive and informative texts about the solutions found among the three analyzed countries on the way in which their supreme courts legally face social, political, and moral problems of high complexity. The three constitutions were adopted at a time when the country came out of periods characterized by authoritarian rule, colonialism or apartheid, respectively. These documents not only faced the challenge of limiting the power of the State, but adopted ambitious challenges to change society. Not only to react to the recent past, characterized by the movements mentioned above, but to fight more historical aspects entrenched in inequality and injustice, he explained.Vilhena also highlights that, despite being very different nations, Brazil, India and South Africa shared similar social problems, ambitious constitutions and very active courts.To read the book, please click here. And to see the photos of the event, please visit the link.
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