Do bacharelismo ao ativismo judicial: continuidades e rupturas após a Assembleia nacional Constituinte de 1987/1988

Abstract

Brazil is a country whose formation has acquired its own contours, being its trajectory peculiar in the concert of the nations, which, however, does not imply in aversion to exogeny. In this sense, the presence of bachelorhood throughout our formation as a nation-state is consensual, and jurists were important figures, often protagonists, in the construction of our political institutions. With the advent of the Revolution of 1930, the Brazilian state entered into a process of modernization, de-structuring the oligarchic pact that, on one hand, supported the phenomena of coronelism and bachelorhood, and, on the other hand, was also based on themselves, on a feedback dynamic. However, the collapse of the aforementioned political system did not necessarily cause the debacle of the political culture that was subjacent to it, since the imaginary generated by it, depending on the historical-political conjuncture, is often re-heated and populate the collective consciousness. This was the case during the 1987/88 Constituent Assembly, which was leaded by jurists who were guided by legal culture, with the aim of establishing a constitutional state of democratic law, the consequence of which was, under various pretexts, to widen the borders of the Judiciary in the interior of the Brazilian political field.