Banca de DEFESA: RAFAEL BERNARDES LUCCA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : RAFAEL BERNARDES LUCCA
DATE: 03/06/2024
TIME: 19:00
LOCAL: https://us02web.zoom.us/j/81427047677
TITLE:

JURISTS OF THE DICTATORSHIP: the uses of the concept of revolution by the Brazilian military regime (1964-1969)

KEY WORDS:

revolution; constituent power; jurists; conceptual history; institutional acts; military dictatorship

PAGES: 232
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation aims to analyze the reasons why the concept of revolution was mobilized as a central element in the official discourse of the Brazilian military dictatorship since the 1964 coup d’état. In order to achieve this goal, we’ll use the lenses of constitutional history and Koselleck’s conceptual history. The central problem of the research can be summarized in the following question: within a range of available concepts, all capable of legitimizing and institutionalizing an authoritarian regime, why mobilizing precisely the concept of revolution in the Institutional Act of April 9, 1964? This problem becomes even more puzzling when one realizes that, at the time of the coup, the concept of revolution was highly identified with left-wing movements and the subversion of order, and could seem an out-of-place concept. The hypothesis that is raised is that this mobilization has a close correlation with the legal semantics built around the concepts of revolution and constituent power, as well as with the legal implications expected from the mobilization of these specific concepts. The study will analyze mainly the first years of the Brazilian military dictatorship (1964 to 1969), focusing on the use of the concepts of revolution and constituent power, especially in relation to the preambles of Institutional Acts number 1 of 1964, 2 of 1965 and 5 of 1968 (Brasil, 1964b, 1965, 1968a). To analyze the legal semantics built around the concepts, we analyzed the theoretical apparatus mobilized by jurists that were aligned with the coup and the military dictatorship, as well as the mobilization of the concepts of revolution by these same actors in acts and processes that articulated legal theory and practice, such as opinions of the Brazilian Federal Supreme Court prior to 1964 and the case n. 51/69 (Arquivo Nacional, 2018, 2019) before the General Comission of Investigations (CGI). These analyses will be added to the contextualization of the reality in which the concepts were used, based on historiography and primary sources, such as newspaper collections, books and articles on legal doctrine, speeches by political agents, pamphlets and manifestos by politicians and members of the armed forces, among other documents. At last, far beyond proposing a synthesis with definitive answers, the aim is to present questions and new avenues for future research, leaving threads and trails to be explored in other works.

COMMITTEE MEMBERS:
Presidente - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Interno - 321346 - MENELICK DE CARVALHO NETTO
Externo à Instituição - RAPHAEL PEIXOTO DE PAULA MARQUES - UFERSA
Externa à Instituição - VERA KARAM DE CHUEIRI - UFPR