Clèmerson Merlin Clève
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Clèmerson Merlin Clève (born November 21, 1958) is a Brazilian jurist, Law school professor, and lawyer. One of the most respected constitutionalists in Brazil, he is a full professor of
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
at the Federal University of Paraná (UFPR) (undergraduate, LL.M, and J.S.D.). Clève is also a full professor of constitutional law and president at the Autonomous University Center of Brazil (UniBrasil), and a visiting professor at
Universidad Pablo de Olavide Pablo de Olavide University (''Universidad Pablo de Olavide (UPO)'' in Spanish) is a public university in Seville, Spain. UPO offers both undergraduate and graduate programs in the traditional majors, as well as in biotechnology, environmental s ...
– Máster Universitario en Derechos Humanos, Interculturalidad y Desarrollo (LL.M) and Doctorado en Ciencias Jurídicas y Políticas (J.S.D.) (Sevilla, España). Clève also works as the institutional leader of the UFPR's 'Center of Constitutional Investigations' ( NINC-UFPR). Clève completed his university studies at
Federal University of Paraná The Federal University of Paraná (, UFPR) is a public university headquartered in Curitiba, Paraná, Brazil. UFPR is considered to be one of the oldest universities in Brazil. UFPR ranks as 37th best university in Latin-America and it is among ...
Law School in 1980 and his LLM at the
Federal University of Santa Catarina The Federal University of Santa Catarina (, UFSC) is a public university in Florianópolis, the capital city of Santa Catarina (Brazil), Santa Catarina in southern Brazil. Considered one of the leading universities in Brazil, UFSC is the 6th b ...
in 1983, and his JSD in public law at the Faculté de Droit of the
Université catholique de Louvain UCLouvain (or Université catholique de Louvain , French for Catholic University of Louvain, officially in English the University of Louvain) is Belgium's largest French-speaking university and one of the oldest in Europe (originally establishe ...
in Belgium in 1985, and at the
Pontifical Catholic University of São Paulo The Pontifical Catholic University of São Paulo (, PUC-SP), locally known as ''PUC'' or ''Catholic University'' ('), is a private and non-profit Catholic university. It is maintained by the Catholic Archdiocese of São Paulo. The university is ...
in 1992. He became the first full professor of constitutional law at the Federal University of Paraná in 1992, with a thesis entitled "Judicial review in Brazilian Law", a classic in the Brazilian juridical literature. Clève is also a member of the Academy of Juridical Literature of Paraná (Chair n. 40), and a member of the International Association of Constitutional Law. Clève is member of several editorial boards on specialized constitutional law reviews. Acting as an attorney and a legal adviser, his firm is based on the city of
Curitiba Curitiba () is the capital and largest city in the state of Paraná (state), Paraná in Southern Brazil. The city's population was 1,773,718 , making it the List of cities in Brazil by population, eighth most populous city in Brazil and the larg ...
, Paraná, Brazil. In February, March, April, and June 2015, and in January 2017 his name showed up several times in the Brazilian press as a likely candidate for a nomination to the
Supreme Federal Court The Federal Supreme Court (, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings ...
. In 2017, Clève was quoted in the press as the academic supervisor of
Sergio Moro Sergio Fernando Moro (; born 1 August 1972) is a Brazilian jurist, former federal judge, college professor, and politician. He was elected as a member of the Federal Senate for Paraná in October 2022. In 2015, he gained national attention as ...
and João Pedro Gebran Neto, judges in
Operation Car Wash Operation Car Wash (, ) was a landmark anti-corruption probe in Brazil.Kurtenbach, S., & Nolte, D. (2017). Latin America's Fight against Corruption: The End of Impunity. GIGA Focus Lateinamerika, (03). Beginning in March 2014 as the investiga ...
cases, at the Master in Constitutional Law of
Federal University of Paraná The Federal University of Paraná (, UFPR) is a public university headquartered in Curitiba, Paraná, Brazil. UFPR is considered to be one of the oldest universities in Brazil. UFPR ranks as 37th best university in Latin-America and it is among ...
Graduate Program. Clève was nominated for the
Prêmio Jabuti The Prêmio Jabuti (the "Tortoise Prize") is the most traditional literary award in Brazil, given by the . It was conceived by Edgard Cavalheiro in 1959 when he presided over the CBL, with the interest of rewarding authors, editors, illustrators, ...
in Juridical Literature 2015 for his book ''Fundamental Rights and Constitutional Jurisdiction''.


Professional activities

Clève was Professor of
Public International Law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
at UFPR (1986–89); Public Attorney of the State of
Paraná Paraná, Paranã or Parana may refer to: Geology * Paraná Basin, a sedimentary basin in South America Places In Argentina *Paraná, Entre Ríos, a city * Paraná Department, a part of Entre Ríos Province In Brazil *Paraná (state), a state ...
(1986–2009); Chair's Legal Adviser of Constituent Process of the State Constitution of Paraná (1989); Republic's Public Prosecutor (1990–92); Coordinator (1992–94), and Vice-Director (1992–96) of the
Federal University of Paraná The Federal University of Paraná (, UFPR) is a public university headquartered in Curitiba, Paraná, Brazil. UFPR is considered to be one of the oldest universities in Brazil. UFPR ranks as 37th best university in Latin-America and it is among ...
Law School; and Substitute Judge of the Regional Electoral Court of Paraná (1999–2000). Some main cases which he promoted or participated: * As Republic's Public Prosecutor, Clève prosecuted, by means of a civil action, the Union,
Funai is a Japanese consumer electronics company headquartered in Daitō, Osaka. Currently, it is in liquidation. Apart from producing its own branded electronic products, it was also an OEM providing assembled televisions and video players/recor ...
,
Ibama The Brazilian Institute of the Environment and Renewable Natural Resources ( Portuguese: ''Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis'', IBAMA) is a government agency under the administration of the Brazilian Minis ...
and Itaipu to protect the native forest, to proportionate alimentary and sanitary care, and to recover the lost lands by the people Avá guaraní during the colonization process on the west of the State of Paraná (1990); * In 2003, Clève defended the establishment of affirmative actions policies in Brazil. The outcome of this defense and memento was the ground for an article entitled "Ações Afirmativas, justiça e igualdade" ("Affirmative Actions, Justice, and Equality"), published in Portuguese in several juridical scientific journals and reviews in Brazil; * He worked for the Brazilian Ministry of Justice in the Group of Experts who was responsible for the new Migrations' Statute draft ('Anteprojeto da Nova Lei de Migração' – 2013 to 2014).


Publications (Partial list, in Portuguese)

*
Governo Democrático e Jurisdição Constitucional
'' Belo Horizonte, Fórum, 2016 (Co-author, with Bruno Meneses Lorenzetto). (''Democratic Government and Constitutional Jurisdiction)'' * Coleção Doutrinas Essenciais - Direito Constitucional, 5 volumes, São Paulo, Revista dos Tribunais, 2015 (Editor). (''The Essential Doctrines - New Volumes'') * Doutrina, Processos e Procedimentos: Direito Constitucional, 2 volumes, São Paulo, Revista dos Tribunais, 2015 (Editor). (''Doctrine, Process and Procedures: Constitutional Law'') * Direitos Fundamentais e Jurisdição Constitucional, São Paulo, Revista dos Tribunais, 2014 (Co-author, with Alexandre Freire). (''Fundamental Rights and Constitutional Jurisdiction'') * Direito Constitucional Brasileiro, 3 volumes, São Paulo, Revista dos Tribunais, 2014 (Editor). (''Brazilian Constitutional Law'') * Temas de Direito Constitucional, 2 ed., Belo Horizonte, Fórum, 2014 (''Issues on Constitutional Law'') * Jurisdição e Questões Controvertidas de Direito Constitucional, Curitiba, Juruá, 2013 (Editor). (''Jurisdiction and Constitutional Law's Controversial Questions'') * Soluções Práticas de Direito: Direito Constitucional, São Paulo, Revista dos Tribunais, 2012. (''Practical Solutions of Law: Constitutional Law'') * Fidelidade Partidária e Impeachment (Estudo de caso), 2. ed., Curitiba, Juruá, 2012. (''Partisan fidelity and Impeachment'') *
Para uma dogmática constitucional emancipatória
', Belo Horizonte, Fórum, 2012. (''For an emancipatory constitutional dogmatic'') * O Direito e os Direitos: elementos para uma crítica do Direito Contemporâneo, 3. ed., Belo Horizonte, Fórum, 2011. (''The Law and the Rights: elements for a Contemporary Law's critic'') * Doutrinas Essenciais – Direito Constitucional, 7 volumes, São Paulo, Revista dos Tribunais, 2011 (Co-author, with
Luís Roberto Barroso Luís Roberto Barroso (; born 11 March 1958) is a Brazilian law professor, jurist, Justice and President of the Supreme Federal Court of Brazil, having been nominated to the position by President Dilma Rousseff in 2013. Between 2020 and 2022, B ...
). (''The Essential Doctrines - Constitutional Law'') *
Constituição, Democracia e Justiça: aportes para um constitucionalismo igualitário
', Belo Horizonte, Fórum, 2011 (Editor). (''Constitution, Democracy, and Justice: issues for an egalitarian constitutionalism'') * Atividade Legislativa do Poder Executivo, 3. ed., São Paulo, Revista dos Tribunais, 2011. (''Legislative Activity of the Executive Power'') * Teatro inexperto em duas peças quase distópicas, Curitiba, Artes & Textos, 2011. (''Inexpert Theater in two almost distopic plays'') * Medidas Provisórias, 3. ed., São Paulo, Revista dos Tribunais, 2010. (''Provisory Acts'') * Direitos Humanos e Democracia, Rio de Janeiro, Forense, 2007 (Co-editor, with Ingo Wolfgang Sarlet; Alexandre Coutinho Pagliarini). (''Human rights and Democracy'') * A Fiscalização Abstrata de Constitucionalidade no Direito Brasileiro, 2. ed., São Paulo, Revista dos Tribunais, 2000. (''The Judicial Review in the Brazilian Law'') * Temas de Direito Constitucional (e de Teoria do Direito), São Paulo, Acadêmica, 1993. (''Issues on Constitutional Law and Theory of Law'')


References


External links


Curriculum Lattes
(Brazilian Scientific platform)
Academia.edu - Clèmerson Merlin Clève
(English/ Portuguese version)
Clèmerson Merlin Clève – website
(Portuguese version)
Clèmerson Merlin Clève Associated Attorneys
(English version)
LL.M and JSD at UFPR

Autonomous University Center of Brazil
(Portuguese version)
Academy of Juridical Literature of Paraná
(Portuguese version)
JusNavigandi
{{DEFAULTSORT:Cleve, Clemerson Merlin 1958 births Living people 20th-century Brazilian lawyers 21st-century Brazilian lawyers Brazilian male writers People from Curitiba Federal University of Paraná alumni Pontifical Catholic University of São Paulo alumni Federal University of Santa Catarina alumni Brazilian constitutional law Scholars of constitutional law