A cultura jurídica brasileira: da exceção à atual promessa de emancipação

Abstract

This article asks about the existence of a true Brazilian legal culture through historical and philosophical analysis of the key moments when such structure would have developed in the country, which is done in view of the background outlined by classical interpreters of Brazil such as Caio Prado Junior, Darcy Ribeiro, Sérgio Buarque de Holanda, Wilson Martins and Oliveira Viana, among others. The research has identified something that might be called the tradition of exception in the Brazilian legal culture, a phenomenon that is translated by the denial of abstract and general normative standards, the uncritical importation of foreign doctrines and normativity, the maintaining aristocratic forms of social life and the disregard of the Brazilian people as political subject. The text ends with a reflection on the potential and the current historical moment problems, which first arises the possibility of a real national emancipation.