Abstract

CARVALHO, Alexandre Douglas Zaidan de  and  PALMA, Maurício. Jurists against democracy: uses of law and democratic disintegration in Brazil after 2014. Rev. Urug. Cienc. Polít. [online]. 2020, vol.29, n.1, pp.80-108.  Epub June 01, 2020. ISSN 0797-9789.  https://doi.org/10.26851/rucp.29.1.4.

In Brazil, aside from outlining discourses and practices that set pathways for legal institutions, jurists have also traditionally played a central role in politics. Moreover, by openly criticizing public officials and the political system itself, as well as by merging political engagement with professional acting, jurists introduce non-legal, particularistic subjects in the legal system. They may also trade their actions for long-term group benefits. Considering the context and aftermath of Operation Car Wash, it is possible to discern that the jurists’ attitudes toward the law and politics exert impact on the assessment of the legitimacy of the exercise of power expressed in surveys measuring the trust in democracy. Within this framework, we argue that, by presenting themselves as agents of legality while simultaneously violating the law, jurists contribute to the deepening of the political-institutional crisis. Furthermore, we hold that the instrumentalization of legal forms boosts non-democratic uses of law, reinforcing the disintegration of the Brazilian democracy after 2014.

Keywords : legal field; political system; democracy; Brazil.

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