To Be or Not to Be: The Supreme Federal Court During the 1964-1985 Military Dictatorship

Abstract

A juridical and historical discussion is provided between political and juridical narratives on the judicial autonomy of the Federal Supreme Court during the 1964-1985 military dictatorship. Discussions on the narratives with regard to the independence of the courts and their relationships with the government provide a historical comprehension on the impartiality of jurisdiction during the dictatorship. Research deals with the 1964-1985 Brazilian dictatorship and the participation of juridical authorities, with only a slight space in juridical and historical analyses. In spite of the internal influences of the regime on the Court´s prerogatives, the latter lay within a reality in which palpable concerns were mainly distant situations of what was occurring in Brazil. Historical, juridical and sociological research applies investigation techniques to an historical and juridical analysis. Bibliographical research recovered narratives by lawyers and authorities of the regime and the Court´s space and autonomy. Research also analyzes the influence of the military regime on the functions of the Supreme Court and the manifestations of its members, with historical aspects for a deeper understanding of the issue.