"CLASS, STATE, AND AUTHORITARIANISM: THE FORMATION OF ECONOMIC LAW DURING THE DICTATORSHIP".
Entrepreneurship. State. Dictatorship. Basic reforms. Economic law
This thesis investigates the legal history of economic law from the viewpoint of the interaction between dictatorship and entrepreneurship in the '60s in Brazil. The first chapter studies the Researches and Social Studies Institute (IPÊS) as a class institution and its action to influence the approval of the so-called "reformas de base" as a necessary measure for their modernizing-conservative State project. The second chapter addresses the formation of economic law in the early dictatorship years in Brazil with the enactment of the Banking Reform Law and the Capital Markets Law during the Castelo Branco government. The coexistence between two legal orders, one inaugurated by the issue of the Institutional Act of April 9, 1964, and the other that remained in force 1946 Federal Constitution, evidenced the aporia of the legal exception. The boundaries between rule and the legal exception had blurred, and the authoritarianism had deepened once the dictatorship issued the Institutional Act n. 2 granting legislative powers to the President of the Republic. In 1968, the Institutional Act n. 5 consecrated the supremacy of the Executive Branch over the other state powers. In this context, dictatorship and entrepreneurship issued the Decree-Law no. 911 of October 1, 1969, which regulated the trust receipt (the institute has been called "fiduciary alienation in guarantee" in Brazil), sealing the financial and industrial capital marriage. The thesis intends to answer the following research problem: how did law function as a structural link between economy and politics in Brazil, during the dictatorship, in the '60? Can the economic law in this context be considered an exceptional economic law? Is it possible to speak of authoritarian capitalism in this context?