Administrative law for the building State: disciplinary resignifications in Brazil and Spain in the 19th century

Abstract

It is common sense in administrativist dogmatics the importance of foreign doctrine for the theoretical construction of Brazilian administrative law during the 19th century. Despite the undisputed predominance of French doctrine, other countries also have their doctrines considered by Brazilian jurists, with special emphasis on Iberian doctrine. In this article we examine representations of the Spanish legal experience by 19th century Brazilian administrative doctrine, evaluating the factors that made it possible, the terms in which it is developed and the various uses and re-significations to which this experience is submitted by Brazilian legal doctrine. It concludes that analogous obstacles faced by both Brazilian and Spanish governments make Spanish doctrine an important reference for Brazilian administrative doctrine during its formation period.

Enviado el (Submission Date): 08/11/2022

Aceptado el (Acceptance Date): 3/01/2023