Judiciary and authoritarianism: the Supremo Tribunal Federal in the Estado Novo
Judiciary; Dictatorship; Supreme Federal Court (STF); Estado Novo; Getúlio Vargas; first francoism; Primo de Rivera.
This research aims to examine the relationship between the Judiciary and authoritarianism. To this end, we will analyze the role of the Supreme Federal Court (STF) during the Estado Novo regime (1937-1945), through the lens of legal history. Our interest in this topic arose from a critical stance towards the perception of the Brazilian Court as the protector of individual rights and guarantees throughout its existence, a view prevalent in much of the literature. We will seek to test this view by examining Supreme Federal Court decisions to verify how it acted during Getúlio Vargas's authoritarian regime. The hypothesis is that, during the Estado Novo, there was little effort on the part of the STF justices to defend individual rights and guarantees, avoiding positions that could generate serious conflicts with the regime's political core or jeopardize the influence and position of this judicial body within the State. The sources consulted will be case files, speeches honoring the justices, annual administrative reports of the STF, legal journals, biographies of the justices, among others. Elements such as the political, economic, cultural, and intellectual context of the time will be present in our analysis. Of particular relevance will be the comparisons with the dictatorial experiences of Spain in the 1920s, 30s, and 40s.