A TECNOCRACIA JURÍDICA: A COMUNIDADE DE INTÉRPRETES DO DIREITO E O ENFRAQUECIMENTO DEMOCRÁTICO / THE JURIDICAL TECHNOCRACY: THE COMMUNITY OF INTERPRETERS OF THE LAW AND THE WEAKNESSEN OF DEMOCRACY

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This work aims at analyzing the theoretical and historical context, as well as the consequences, from a democratic point of view, of a new domination of the power of the state through the mastering of the law technique. The time and place focused are Brazil especially from the drafting and promulgation of the Constituição Federal of 1988. From this historical and theoretical analysis it is showed how in Brazil, with a few decades delay compared to continental Europe, jurists have begun, and since 1988 more strongly, to take control of the state´s political power, via closing the law into a interpreters expert community which dominates the every more complex law technique. In order to do that, the juridical constitution is symbolized and hypostatized into a constitutional fetishism, which dissociates itself form its historical and political foundations, and makes it a kind of unattainable totem to society. Because of that many of the most important political decisions are withdrawn from the formal and the informal public spheres into a restrict community of jurists preferably gathered around the jurisdictional activity of the courts - especially, around the Supremo Tribunal Federal. That is how the juridical technocracy develops in Brazil.

ASSUNTO(S)

teoria do direito law s theory democracia teoria da constituicao democracy theory of constitution

ACESSO AO ARTIGO

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