Novos tempos, velhos problemas: legislação sobre a questão social na primeira república
Carregando...
Tipo
Tese
Data de publicação
2019-02-06
Periódico
Citações (Scopus)
Autores
Covolan, Fernanda Cristina
Orientador
Bercovici, Gilberto
Título da Revista
ISSN da Revista
Título de Volume
Membros da banca
Duarte, Clarice Seixas
Nohara, Irene Patrícia
Andrade, José Maria Arruda de
Barbosa, Samuel Rodrigues
Nohara, Irene Patrícia
Andrade, José Maria Arruda de
Barbosa, Samuel Rodrigues
Programa
Direito Político e Econômico
Resumo
The subject of this research proposed to think historically Brazilian social law in parallel
to other countries in which there was similar initial structure. Within this theme, the
main interest was to compare the Bismarckian German Welfare State and the historical
circumscription of the social laws created in the First Republic, and the position of the
jurists. In this sense, the main theoretical references were the political scientists
specialized in the theme Esping-Andersen and Maurizio Ferrera; and the historians of
Law Michael Stolleis and François Ewald. In documentary analysis, it was desired to
take into account the existence of structures of slow and almost imperceptible historical
movement in parallel with conjunctions that exert more intense forces, in conflict. In
the first chapter, studying the reference points on Welfare State mentioned above, it
was possible to observe that the Bismarckian model was characterized by
conservatism, control of the class struggle, emphasis on character and moral
construction, recognition of rights that maintained occupational differences, as from
the existing forms of assistance and changes in legal forms and concepts. Thereafter,
through historiographic sources and primary sources, the economic, political and social
aspects related to the Brazilian social question in the First Republic were analyzed,
and it was possible to verify that that the liberalism and the laissez-faire were
constituted more in dominant discourse than in a real practice beginning in 1914, when
internal and external material conjuncture pressured the modes of life and the actors
involved. Finally, in the analysis of the formulation and reception of this interference of
the State, it was seen that interests prevailed, varying the argumentative discourses,
in order to brake the legal changes on the screen. Nevertheless, the Labor Accidents
and Illnesses Act was finally approved in 1919, followed by the Eloy Chaves Law in
1923, and the Holiday Act in 1926. Lawyers at that time agreed with most of the
normative content, as it is possible to verify in their works, but they wanted a more
extensive intervention, even with conservative aims, maintainers of the social
differences, but able to solve the class conflicts, what confirms the fit of the typology
adopted. In this way, it was possible to see that, before Getúlio Vargas' project for the
regulation of social issues, the molds were developed in the preceding decades, with
the presence of the elements that would characterize our social protection system.
Descrição
Palavras-chave
história do direito , Welfare State , legislação social , primeira república
Assuntos Scopus
Citação
COVOLAN, Fernanda Cristina. Novos tempos, velhos problemas: legislação sobre a questão social na primeira república. 2019. 230 f. Tese (Direito Político e Econômico) - Universidade Presbiteriana Mackenzie, São Paulo.