THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS FROM THE POINT OF VIEW CONSTITUTING THE DEMOCRATIC REPUBLICOF EAST TIMOR IN 2002: THE DIMENSION AS A DEMOCRATIC RIGHT STATE (UPDATED 2022)


Abstract views: 129 / PDF downloads: 46

Authors

  • Carlos Boavida Tilman

DOI:

https://doi.org/10.58372/2835-6276.1008

Keywords:

Fundamental rights, democratic rule of law and Constitution of the Republic of Timor-Leste 2002 actualization, 2022

Abstract

Introduction: East Timor has always been a decent country if successive attempts at occupation by several countries taking into account its wealth of material goods. With the arrival of the Portuguese on its territory began the process called colonization where East Timor formerly designated colonization designated only of Timor, was ruled and administered by the Portuguese during the sixteenth century. The rights that have established the timorese people with dignity and respect, as well as the liberation of each one as individuals, are real.

Objectives: To intend to analyze and expose fundamental rights in East Timor and their application in the real context in the legal system however its concrete establishment does not always adapt to its effectiveness in the true plan, i.e., a good governance of the administration of the territory. This article was a study of review literature with the various reference bibliographies that discuse under the effectiveness of fundamental rights from the point of view of Timorese constitutionalism or constitution of the RDTL-Democratic Republic of Timor-Leste, 2002 within the framework of the dimension as a state of democratic law.

Discussion:  Timorese constitution guarantees the rights if its citizens' duties, created laws so that these rights can be realized in a legal and systematically way all peoples can be involved in the democratic system.  

Conclusion: This is the only way to fulfill the objective of the effectiveness of the fundamental rights of the citizen in relation to the choice of people who want to be the main head of the government. This is how a democratic state is constituted.  Thus, adopting all these needs the Timorese state may in future carry out a constitutional review, which should include the constitutional justice court of RDTL, separate from the Supreme Tribunal of Justice, that is, it has an independent court, with a view to its own judicial jurisdiction to judge cases of elections and other constitutional cases, in practical coelution systems in home country and out said of Timor-Leste.

References

Cristelo J.C., Crónica açores: Uma Circum-navegação for Timor to Macau, Austrália, Brasil, Bragança to Azorres; Petter Calendar Editor, 2011.

Miccoli., The Struggle of Timor Lorosa'e for His Freedom. Available: http://www.google.com.br: access: March 2008.

Timor Lorosa'e., The Portuguese Presence in Timor Lorosa'e. Available: http://www.google.com.br: access: March 2008.

Figueiredo F.A., The Portuguese Presence 1769-1945. University of Porto; Faculty of Letters, 2004.

Belo C.X., An Azorean, Missionary In Timor. Nobel Peace Prize, 1996.

Caetano M., Manual of Political Science and Constrictial Law. Manuals of the Faculty of Law of Lisbon; Coimbra Publishing House. 6 Edition 2015.

Cunha P.F., Fundamental Rights-Fundamentals & Social Rights, Rights of Political Sciences. Collections Esrasmos Essay & Monographs, 2014.

Novais J.R., The Restrictions on Fundamental Rights not hastily authorized by the Constitution. Coimbra Publishing House, 2010.

Tamer S.V., Polyphonic Acts and Social Rights in Democrácias: a Study on Contolo and the Political Acts and Judicial Guarantee of Social Rights. Sérgio António Fabris Publishing House, 2005.

Urban M.B., Constitutional Justice Course; Evolution History and Models of Constitutionality Control. 2 Edition, Almedina, 2016.

Vanconcelos P.C.B., International Seminar; The construction of the State, justice and the teaching of law in East Timor. EDUM, 2013.

Vanconcelos P.C.B., Coninstitution Democratic Republic Timor Leste/CRDTL. 2002.

Barrosa L.B., Interpretation and Application of the Coninstitution Democratic Republic East Timor, 2004.

J.J.G. Canotilha, Constitutionlaw and Theory of Coninstitution and Theory of Coninstitution. Reprint: Almedida, 2003.

Agra W.M., Manual of Constitutional Law; Review of the Courts. 2002.

Sarmento D., Egaldinho F., Fundamental Rights-Study of Homenagem. Renew; Rio de Janeiro; 5 Paulo and and Recife, 2006.

Camargo., M.N., Organize; Literatures, Constitutional Supplemental.Direitoss Fufamentos., Edication. Fundamental Rights; 2 building: Revised and expanded; Publisher, 2007.

Untaet Regulation November 1999, Regulation No.1999/, On The Powers of Transitional Administration in East Timor; 2008.

Nunes R., The Constitutional Principle of the Dignity of the Human Person; Doctrine and Jurisprudence; Editora Saraiva, 1 Edition, 3AD; 2007.

Jerinomo P., The Fundamental Rights in the Constitution Democratic Republic Timor East and in the prudence of the Court of Appeal. Studies of Homandn agem prof. Jorge Miranda; Coimbra Publishing House, 2012.

Patricia G.T., (Jurists). Self Determination in East Timor: From the New York Agreements to the 1999 Popular Consultation of 30;382, Documentation and Comparative Law No.79/80 1999. Access: February 2008.

Silva A.T.M., Principle of Popular Sovereignty. Coimbra Publishing House, 2006.

United Nations High Commissioner for Human Rights Geneva., International Humanitarian Law and Human Rights; Attorney General's Office of Documentation and Law Compare Ado. Factsheet no.13, 2002.

Patricia G.T., (Jurists). Portugal and Peaceful Conflict Resolution: The Case of East Timor. 2004.

Downloads

Published

2022-11-27

How to Cite

Carlos Boavida Tilman. (2022). THE EFFECTIVENESS OF FUNDAMENTAL RIGHTS FROM THE POINT OF VIEW CONSTITUTING THE DEMOCRATIC REPUBLICOF EAST TIMOR IN 2002: THE DIMENSION AS A DEMOCRATIC RIGHT STATE (UPDATED 2022). American Journal of Medical and Clinical Research & Reviews, 1(2), 1–10. https://doi.org/10.58372/2835-6276.1008

Issue

Section

Articles

Most read articles by the same author(s)

1 2 3 > >>