The Crossroads of Justice in the New State (1937-1945)

the Supreme Federal Court and the Idea of a Robe Oligarchy

Authors

DOI:

https://doi.org/10.14393/RFADIR-v48n1a2020-53672

Keywords:

Authoritarian Constitutionalism, Legal Realism, Vargas Regime, New State, History of Ideas

Abstract

This article analyses the attempts to transform the Judiciary and the legal system during the New State. Based on the premises of intellectual history, it seeks to present the main debates that pervaded legal doctrine between 1937-1945. The common thread is centered on the study of the works of jurists aligned with the Vargas regime, presenting their public positions on issues involving the administration of Justice. The following themes are addressed: the question of the independence and autonomy of the judiciary, the role of the Federal Supreme Court in the political system, the limits of judicial review, the reformulation of legal hermeneutics and the relationship between the Judiciary and the Executive Branch. Thus, it is presented a map of the debates that took place in the Vargas Era with regard to the efforts to control and dominate Justice in the authoritarian constitutionalism then prevailing.

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Author Biography

Luis Rosenfield, PUCRS

Professor do Departamento de História e do Programa de Pós-Graduação em História da PUCRS. Doutor em Direito pela UNISINOS. Doutorando em Filosofia pela PUCRS. Mestre em Direito (IMED). Bacharél em Direito (PUCRS).

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Published

2020-06-16

How to Cite

Rosenfield, L. (2020). The Crossroads of Justice in the New State (1937-1945): the Supreme Federal Court and the Idea of a Robe Oligarchy. Journal of the Faculty of Law of the Federal University of Uberlândia, 48(1), 134–155. https://doi.org/10.14393/RFADIR-v48n1a2020-53672

Issue

Vol. 48 No. 1 (2020): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Articles

License 

 
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