O manto diáfano da fantasia : o discurso moderno da legalidade e o Brasil de João Goulart (1955, 1961 e 1964)

Abstract

In this dissertation, we aim to understand the modern discourse of constitutional legality and, based on its definition, to clarify the way it was used in Brazil in three key moments: the counter-coup of legality, in November 1955; the struggle towards the inauguration of João Goulart, in August and September 1961; and the coup d'état that resulted in his deposition, in March and April 1964. Our purpose is to reveal the components of the constitutional discomfort that emerged, during the Brazilian Third Republic, at the same time with and against democracy. Based on the research carried out, we defend three arguments: first, that the Constitution - conceived, in light of the revolutionary experiences of the 18th Century, as a superior norm that organizes the State and establishes the fundamental rights of men - is the mechanism that defines how law and politics are connected in the modern times; second, that the discourse of legality, which is based on the concept of Constitution, is especially persuasive in the modern public debate because of its generality, impartiality, and isonomy, which enables those who use it to aspire to an argumentative position superior to concrete preferences and external to seasonal discussions; and, third, that, due to its power of persuasion, this discourse of legality played a central role in the constitutional crises of 1955, 1961 and 1964 in Brazil, and therefore consisted in an indispensable element of the ethical-moral justification employed by the Armed Forces and the conservative elite in their attempt to legitimize the civil-military coup that deposed João Goulart.