Post by account_disabled on Mar 12, 2024 0:39:23 GMT -5
In the 19th century, Tocqueville already highlighted that alongside a despot there is always a jurist willing to collaborate with an authoritarian regime. It was like this with Alfredo Rocco, during the time of fascism in Italy; with Carl Schmitt, in Nazi Germany; Joseph Barthélemy, in the collaborationist Vichy regime; and so many other cases that could be remembered. The fact is that, out of conviction or opportunism — or for both reasons at the same time — an important part of the legal community has always been present in exceptional regimes.
In Brazil, Francisco Campos's actions during the Estado Novo (1937-1945) and in the initial moments of the military dictatorship (1965-1985) are a great example of a lifetime dedicated to authoritarianism. Campos was the author of two important legal works in the 20th century: the drafting of the 1937 Constitution and the creation of the Institutional Act as the main normative instrument of the military dictatorship. It was for this reason that chronicler Rubem Braga once Portugal Mobile Number List stated that "every time Mr. Francisco Campos' light comes on, there is a short circuit in democracy."
Unlike certain public prosecutors, members of the AGU and court ministers with little capacity for legal formulation — luckily for us! — and a great talent for flattery, Campos's actions were not limited to quoting biblical passages to please the President of the Republic. As an intellectual of great erudition, his actions were at the service of power, in order to ensure that the Law was used as an instrument of authoritarianism. In other words, for Campos the notion of a Law limiting power was discarded. Both in the work of 1937 and in the work of 1964, liberal constitutionalism was discarded and Law was used to strengthen the gears of power.
It is true that the two dictatorships had very different characteristics. In the 1930s, liberal constitutionalism was under attack and the world was faced with the rise of Nazi fascism in Europe. The tripartition of Powers, Parliament and the functional autonomy of the Judiciary were abandoned in the name of strengthening the Executive. The centralization of power was seen as the most appropriate response to political, economic and social problems. So much so that, regarding the situation in Brazil, Campos stated that "and clarified and edified by the vicissitudes of recent times and by the serious lesson of the contemporary world, opinion had already become convinced that in the old ways and through antiquated institutional formulas it would be impossible ensure the existence and progress of the nation […]" [1] .
In addition to attacks on liberal constitutionalism, the propagation of racist speeches was also very common. In Tupiniquim fascism, represented by integralism, a figure like Gustavo Barroso stood out in the intellectual world for his rabid anti-Semitism. Criticism of racial miscegenation in Brazil was also very common, as happened in the works of Oliveira Vianna. Something that only began to be reviewed after Gilberto Freyre and his praise for racial miscegenation.
In Brazil, Francisco Campos's actions during the Estado Novo (1937-1945) and in the initial moments of the military dictatorship (1965-1985) are a great example of a lifetime dedicated to authoritarianism. Campos was the author of two important legal works in the 20th century: the drafting of the 1937 Constitution and the creation of the Institutional Act as the main normative instrument of the military dictatorship. It was for this reason that chronicler Rubem Braga once Portugal Mobile Number List stated that "every time Mr. Francisco Campos' light comes on, there is a short circuit in democracy."
Unlike certain public prosecutors, members of the AGU and court ministers with little capacity for legal formulation — luckily for us! — and a great talent for flattery, Campos's actions were not limited to quoting biblical passages to please the President of the Republic. As an intellectual of great erudition, his actions were at the service of power, in order to ensure that the Law was used as an instrument of authoritarianism. In other words, for Campos the notion of a Law limiting power was discarded. Both in the work of 1937 and in the work of 1964, liberal constitutionalism was discarded and Law was used to strengthen the gears of power.
It is true that the two dictatorships had very different characteristics. In the 1930s, liberal constitutionalism was under attack and the world was faced with the rise of Nazi fascism in Europe. The tripartition of Powers, Parliament and the functional autonomy of the Judiciary were abandoned in the name of strengthening the Executive. The centralization of power was seen as the most appropriate response to political, economic and social problems. So much so that, regarding the situation in Brazil, Campos stated that "and clarified and edified by the vicissitudes of recent times and by the serious lesson of the contemporary world, opinion had already become convinced that in the old ways and through antiquated institutional formulas it would be impossible ensure the existence and progress of the nation […]" [1] .
In addition to attacks on liberal constitutionalism, the propagation of racist speeches was also very common. In Tupiniquim fascism, represented by integralism, a figure like Gustavo Barroso stood out in the intellectual world for his rabid anti-Semitism. Criticism of racial miscegenation in Brazil was also very common, as happened in the works of Oliveira Vianna. Something that only began to be reviewed after Gilberto Freyre and his praise for racial miscegenation.