Florestan Fernandes's contributions to materialistic theories of law: an analysis of his participation in the 1987-1988 Constituent process

Abstract

Florestan Fernandes, an important Brazilian sociologist and socialist activist, was also one of the constituent deputies who represented the working class in the 1987-1988 National Constituent Assembly. His reflections, based on his parliamentary praxis, left us a rich historical documentation on the real movement of the social forces involved during the period of democratic transition. Florestan was also concerned with the question of the ontological nature of the institute of the Constitution. From this confrontation, Florestan gives a particular open view of the constitutional legal phenomenon to a materialist paradigm of Law. In this work, the main objective is to know the particular vision developed by Florestan about the nature of the Constitution. In this way, it starts with the presentation of references of the materialist paradigm of Law that enable the establishment of a parallel with Florestan's thought. In Ferdinand Lassalle, we find the concept of constitution as the sum of the real factors of power. In Stutchka, we find the concept of Law as a system of ordering social relations corresponding to the interests of the ruling classes. These concepts are consistent with Florestan's reflections, for whom the Constitution is the legal instrument that organizes, sanctions and legitimizes the distribution of wealth and power in capitalist society in favor of the ruling classes.