Immunities Nebula? On the rule of law and democracy in Brazilian legal thinking
DOI:
https://doi.org/10.5380/dp.v17i2.74121Keywords:
Democracy, rule of law, political analysis of legal thinking, constitutional history, Brazilian politics, Judicial politics.Abstract
The article proposes a multidisciplinary analysis of legal thinking, aiming at a critical reflection on juridical knowledge and practices in Brazilian society. It initially goes over a critical-conceptual analysis of Guillermo O’Donnell’s work on the rule of law and democracy in Latin America. Then, it adopts the notion of juridical assemblages
to present different dimensions of the socio-legal research on law. Finally, it uses the metaphor of the “immunities nebula” for the proposal of discerning the positive attributes of the rule of law in Brazilian legal thinking and its consequences for democracy.
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