Carlos Augusto Ayres de Freitas Britto

Career

In Sergipe, Carlos Ayres Britto held the positions of State Attorney General from March 15, 1975, to March 15, 1979; Prosecutor General of Justice from March 15, 1983, to April 27, 1984; Auditor of the State Court of Auditors from 1978 to 1990; and Head of the Legal Department of the State Economic Development Council - CONDESE, from 1970 to 1978.

He was appointed as a Justice of the Supreme Federal Court by President Luiz Inácio Lula da Silva, by decree dated June 5, 2003, to fill the vacancy left by the retirement of Justice Ilmar Galvão, and he took office on the 25th of the same month. He retired by decree on November 14, 2012, published in the Official Gazette, Section 2, p. 2, on November 16, 2012, and was honored in the Plenary Session on November 14, 2012.

He was elected by his peers in the Plenary Session on April 14, 2012, to serve as the President of the Supreme Federal Court for the biennium 2012-2014, and he was sworn in on April 19, 2012.

Dedicating himself to higher education, he was a Professor of Constitutional Law at the Tiradentes University in Aracaju from 1980 to 1983; Professor of Constitutional Law at the Faculty of Law of the Federal University of Sergipe - UFS from 1973 to 1976 and from 1990 onwards; Professor of Administrative Law at the same Faculty from 1976 to 1983; Professor of Constitutional Law, as an Assistant to Professor Michel Temer, at the Pontifical Catholic University of São Paulo - PUCSP, in 1981; Professor of State Theory from 1993 to 1999, and of General and Professional Ethics in 2000 and 2001 at the Faculty of Law of the Federal University of Sergipe.

In the field of postgraduate education, he was a Professor of Constitutional Law at the Postgraduate Center of the Center for Applied Social Sciences of the Federal University of Sergipe from 1993 to 2000; in master's programs at the Federal University of Ceará, in partnership with the Federal University of Sergipe in 1999; in specialization courses at the Federal University of Santa Catarina, in partnership with the Brazilian Bar Association - Sergipe Section; in specialization courses at the University of Salvador-UNIFACS, starting in 1999; at the Superior School of Magistracy of the State of Sergipe - ESMESE; at the Superior School of Advocacy of Sergipe - ESA, and at the Higher Education Foundation of the Public Ministry of Mato Grosso.

He participated in master's thesis committees at the Law Schools of the Federal Universities of Paraná (2002), Bahia (1999), Sergipe (2001/2002/2006), Ceará (2001/2002), in partnership with the Federal University of Sergipe, Gama Filho University (2004), Rio de Janeiro, and the Catholic University of Brasília (2006).

He served on the Federal Council of the Brazilian Bar Association - OAB, from 1993 to 1994, and was a member of the Constitution and Justice Commission of the organization in the periods 1995/1996 and 1998/1999. He presided over the Sergipe Institute of Constitutional Studies - ISEC from January 2002, and he was Vice-President of the Brazilian Association of Democratic Constitutionalists - ABDC and the Brazilian Institute of Administrative Law - IBDA in 1997/1998.

He is a member of the Editorial Boards of specialized publications such as the Quarterly Journal of Public Law, Vox Legis, Legal Science, and Forum.

He participated, as a founding member, in the Institute for the Defense of Democratic Institutions - IDID, the Brazilian Association of Democratic Constitutionalists - ABCD, the Brazilian Institute of Constitutional Law - IBDC, the Sergipe Institute of Constitutional Studies - ISEC, and the Sergipe Institute of Administrative Law - ISDA. He is also a member of the Brazilian Institute of Administrative Law - IBDA and the Brazilian Institute of Municipal Law - IBDM.

He also delivered conferences and lectures on legal matters both in the country and abroad. In December 1994, he gave lectures in Toledo, Spain, at the invitation of the BBV Foundation, and in Lisbon, Portugal, at the invitation of Professor Doutor Jorge Miranda, Director of the Faculty of Law at the Catholic University of Lisbon.

Publications

He published the following legal works: Administrative and Judicial Jurisprudence in Public Servant Matters (1978, Official Press of the State of Sergipe); Interpretation and Applicability of Constitutional Norms, in partnership with Celso Ribeiro Bastos (1982, Saraiva Publisher); The Constitutional Profile of Bidding (1997, ZNT Publisher, Curitiba), and Constitutional Theory (Forense Publisher, Rio de Janeiro, 2003).

He also published the following legal booklets: Constitutional Review: Evaporated Efficacy Norm (1983), published by the Federal University of Sergipe - UFS; The Real Interpretation of the Court of Auditors Institution (2001), published by the Association of Members of the Brazilian Court of Auditors - ATRICON; Acquired Rights against Constitutional Amendments (1996), in partnership with VALMIR PONTES FILHO, published by the Federal University of Sergipe; Federal Law No. 9,783/99 and its Unconstitutionality (1999), published by the Association of Inactive Servants and Pensioners of the Federal University of Sergipe; Recruitment of Civil Personnel within the Public Administration (1974), published by the Economic Development Council of Sergipe - CONDESE.

He contributed to the following legal collections: Constitutional Perspectives in the 20 Years of the 1976 Constitution, "Constitutional Reform and Its Insurmountable Limitability," pp. 77/105, Coimbra Editora, Portugal, 1997 edition; Public Law at the End of the Century - An Ibero-American Perspective, "Constitutional Reform," pp. 87/106, Civitas S.A. Publisher, Spain, 1988; Perspectives of Public Law, "The Immovable Clauses and Their Function of Revealing and Ensuring the Identity of the Constitution," 1995, DelRey Publisher; Electoral Law, "The Use of Blank Votes to Determine the Electoral Quota: Unconstitutionality," 1996, DelRey Publisher; Current Law, "Federal Law No. 9,783/99 and its Unconstitutionality," pp. 163/205, 1999, Projecto Editorial, Brasília; State Law, New Directions, Volume I, "The Constitution and Monitoring of its Amendments," pp. 45/67, 2001, Max Limonad Publisher; Constitution and Democracy, "Constituent Power versus Reforming Power," pp. 39/48, 2001, Max Limonad Publisher; Public Administration, "The Constitutional Regime of the Courts of Auditors," pp. 97/109, 2002, Revista dos Tribunais Publisher; Administrative and Constitutional Law, "Acquired Rights Against Constitutional Amendments," 1997, pp. 152/161, Malheiros Editores (in partnership with Valmir Pontes Filho); 10 Years of the Constitution - An Analysis, "Constitutional Interpretation and its Necessary Specificity," pp 8/38, 1988, Celso Bastos Editor.

The following articles authored by him were published in specialized journals: "The Supremacy of the Federal Executive Power in the Constitutional Sharing of Competences," Vox Legis Journal, pp. 17/25, 1980; "Separation of Powers in the Brazilian Constitution," Public Law Journal, pp. 115/127, 1981; "The Meanings of the Word 'Power' in the Brazilian Constitution," Vox Legis Journal, vol. 145, pp. 23/28, 1981, and Public Law Journal, vol. 61, pp. 60/64, 1982; "Distinction Between Social Control of Power and Popular Participation," FGV Public Law Journal, vol. 189, 1992; "Unconstitutionality of the Plebiscite on the Death Penalty," Public Law Journal, vol. 100, RT, 1991; "Subjective Rights and Constitutional Prerogatives," Public Law Journal, vol. 90, RT, 1990; "Property Rights," Public Law Journal, vol. 91, RT, 1990; "Inadequacy of Decree-Law to Establish or Increase Taxes," Public Law Journal, vol. 74, RT, 1985; "Indirect Expropriation - Unconstitutionality" (in collaboration with José Sérgio Monte Alegre), Public Law Journal, vol. 74, RT, 1985; "Constitutional Limitations on the BNH's Power Regarding the Adjustment of Home Loan Payments" (in collaboration with José Sérgio Monte Alegre), Public Law Journal, vol. 68, RT, 1983; "The Privatization of State-Owned Companies in Light of the Constitution," Quarterly Public Law Journal, vol. 12, pp. 125/133, 1995; "Constitutional Regime of Monetary Correction," Quarterly Public Law Journal, vol. 14, pp. 5/18, 1986; "The Constitutional Regime of Retirement Benefits for Effective Public Servants," Quarterly Public Law Journal, vol. 15, pp. 130/146, 1996.

Education