Abstract

Between 1920 and 1930, Oliveira Vianna theoretically formulated a new model of the judiciary, aiming for its integration into a corporatist-authoritarian power project that sought to reorganize society and the state. Vianna envisioned a robust judiciary, notwithstanding the dominance of the executive power and administrative agencies. This strength would emerge from the use of the "legal technique" of American legal realism. Moreover, due to its centralization in the Union, judges were expected to play a role in restraining deviations of legislative power and local authorities. The result was an institutional arrangement under tension, where the judiciary served the organization of the Nation but held a position subordinate to that of the head of the national executive power. These tensions reveal legal dilemmas in both authoritarian and democratic contexts.

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