Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Carles, Fabiana David
 |
| Orientador(a): |
De Cicco, Claudio |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/22814
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Resumo: |
The thesis deals with the fundaments of the formation of the Brazilian legal thought from the analysis of its reflexes in the social, economic and, in particular, legal area. In order to understand more broadly the importance of this research it is necessary to know that the study was conducted with the purpose of presenting a diagnosis about the foundations that originated and kept the Brazilian institutional arrangement full of contradictions, which provided a social scenario of a dominating and elitist minority who submit an amorphous majority to their mandates and demands. The context presented was named by Raymundo Faoro as “enlightened despotism”, because the process described here materializes so “naturally” that it is seen by the mass as a legitimate process. Thus, the thesis was based on the following question to try to obtain an answer, namely: how does a structure called bureaucratic status justifies and maintains itself, while thinking and disseminating the idea of Brazil as a Democratic State? Seeking to delimit the path to reach an answer to the question, the work was divided into three parts, which are: the first is about Hegel's Philosophy of Law, whose content concerns the process of formation of the ethical state, in order to ensure the Real Democracy. The second has in its core a clipping of Weber's sociological work, from the analysis of the types of domination, making the presence of Hegelian philosophical bases in its development as well as its evident use in the work of Faoro clear. Finally, the third chapter was elaborated, sharing the information contained in the first two chapters in order to identify the synthesis contained in Faoro's work called "The Owners of Power". It is noteworthy that, for the structure of the present work and from the epistemological outline that was proposed and executed, there would be no coherence in dealing with the theme without nurturing the thesis of the elements found in the thoughts of these authors, through a cyclical convergence and complementarity approach. In fact, the hypothetical-deductive method was used as a means of seeking a reading of the Hegelian work without presuppositions as a means of eliminating the vacuum observed by Faoro. At the end, it was found that the analysis was limited to reporting a complaint about the system of privileges that guarantees the continuity of the “owners of the power” domain, through legitimate institutional ideas such as the bureaucratic station, alongside of the patrimonialist culture that ratifies, or worse, legitimizes enlightened despotism on the basis of institutional arrangements |
