Elementos para um conceito jurídico de império

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The author searches the true meaning of IMPERIUM, founded in its Roman archetype, influenced by very old poetical-religious tradition as well as by Aeneas spiritual mission as disclosed by Vergilius, passing by Octavianus Augustus consecration, complemented by Justinianus legal thought and action. The theme is justified by the non juridical use of the word EMPIRE which is frequently confounded with IMPERIALISM. There is a generalized and necessary relation of EMPIRE with the legal world order, situation which sometimes gives place to commentaries regarding State Sovereignty, International Law, the European Community as well as globalization. Can the weakening of the so-called Nation State give birth to a World Government? Is it possible for Roman Law to contribute to solving problems of contemporary world politics? In addition to all this, the conceptual problem is relevant as part of the scientific legal analysis. Incidentally, it is necessary to compare the Modern State sovereign, national and territorial with the concept of IMPERIUM. In fact, the formers appearance made the latter disappear. In this way, the search for a true meaning of IMPERIUM may offer elements for building a General Theory of the Empire as a counterweight to the General Theory of the State. Hence, the reflection regarding people, territory and sovereignty as susceptible elements for carrying out a comparative analysis between the Empire and the State. International Law replaces the IUS GENTIUM following the IMPERIUM disappearance. Political representation replaces popular sovereignty turned out infeasible by Modern State; in the same line, the unity of the Law gives place to the rights of national states and a world authority or government ceases to exist as a consequence of the appearance of new sovereign powers. Some concepts such as populus, civitas augescens, pluri-ethnicity, supra-nationality, jus gentium, harmony, co-existence of local laws and imperial rights and cosmopolitism are only thinkable in connection with the idea of IMPERIUM. The relation between Vergilius, Justinianus, Octavianus Augustus and the perpetuity of the IMPERIUM and the LAW are aspects of utmost importance. The roman matrix offers elements for a juridical concept of IMPERIUM, namely: the people, religion, the search for peace, the unity in variety without loosing the identity of the parties involved, the unity of the Law and its compatibility with local rights, peoples and not states, supranational law and not International Law, necessary ethnical plurality, universal citizenship, inexistence of territory and borders, distinction between Kingdom and Empire, compatibility between Empire end Republic. The permanence of the idea of Empire made the presence of Roman Law possible in new forms. One example of this being the path followed by said idea, from Portugal to Brazil, not only throughout the Colonial Period, but also in the Republic, influencing part of Brazilian doctrine in the XX Century. In an appendix, the author points to the Empire general lines present in the Middle Age, in mediaeval jurists as well as in Dante, trying to establish a link between mediaeval thought and modernity. Finally, it is said that political and legal institutions from the past are always important and their study is most relevant for culture in general. However, any attention given to them offers more interest when there is the possibility of inserting them in the understanding of contemporary reality, aiming at improving it for the benefit of both man and society.

ASSUNTO(S)

otáviano direito império direito romano estado justiniano

ACESSO AO ARTIGO

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