Oliveira Vianna e a legislação do trabalho no Brasil : 1932-1940

• Autor(a) principal: Arruda, Hélio Mário de
• Data de Publicação: 2006
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/3404
• topic: Social issue; Revolution of 1930; Corporatism - Unions; Normative power of Labor Courts; Questão social; Revolução de 30; Corporativismo - sindicalismo; Poder normativo dos tribunais do trabalho; História; Vianna, Oliveira, 1883-1951 - Crítica e interpretação; Brasil - Legislação; Direito; 93/99

A reflection is made on the conjuncture of the 1930s, trying to identify the way Oliveira Vianna’s ideas aimed to the solution of the work and capital conflict. The direction that the social issue received in the 30s cannot be exclusively explained by the conjuncture’s problems. It is necessary to refer to the previous process of political debate and social pressure. In the years previous to the 30s Brazil is characterized by extreme liberalism, opposing the attempts to make and/or apply social laws. The social issue comes as the distinctive and legitimating mark of the political developments post-30s. The State abandons a liberal position for a new interventionist position in regards to unionism. Oliveira Vianna was recognized as a researcher of the Brazilian social reality. To the State it would be fitting to even force the social classes and categories to organize themselves to search for a harmonic and democratic society. Social rights became primordial to seek political citizenship. As other autocrats of the time, Vargas prided himself on having established a “true” democracy in Brazil, “that is not the one of the parliament, but one that is supported by the organized corporations.” The social classes’ weakness is one of the arguments of the Brazilian authoritarian mind to legitimate the tutelary role of the public power over the “civil society”. Oliveira Vianna’s organic intellectual role was made possible with the attributions of his job as Legal Consultant at the Ministry of Work, in which he imprinted practicability to his nationalistic and authoritarian ideas and the corporatist unionism. Oliveira Vianna saw the modern State as a “reaction against individualism”, a “gravitation towards the group”. The corporatist State would be the expression of the “democratic organization”, characterized by the “approximation and insertion of the people-mass in the public administration.” Oliveira Vianna’s corporatist ideas are bound to the model of state interventionism of Roosevelt’s New Deal. The Brazilian corporatist ideas are doctrinally bound to the social mind of the Catholic Church. Oliveira Vianna starts from the social “non-solidarity” to consider the Brazilian inconsistent and inept character for the associations and exercise of citizenship, in regards to the labor struggle. For him this assertion justified the imperious need of an authoritarian political regime. The State would be responsible for the organization and regulation role of the corporatist unionism structure and functioning. The normative power would be delegated to the labor courts to solve the collective conflicts. Oliveira Vianna asserted that “our social laws have been a “generous grant by the political leaders and not a conquest by our mass of workers”, that were, up to then, “inexpressive”, and “politically and ideologically disorganized”. The myth of the grant does not proceed because the workers never stopped fighting against capitalism, in order to defeat or reform it. Oliveira Vianna saw the corporatist institutions inspired in the catholic thinking, not in the Fascism/Nazism. Oliveira Vianna is a mark in the development of the work relations in Brazil, in the laborious search for the reversion of the retrograde political and economical liberalism that ignored the “social issue”.