From seeing so many nullities triumph...'. Something like that quote from Cicero about Catiline ['How long, O Catiline, will you abuse our patience? How long will your madness mock us? To what extremes will your unrestrained audacity rush?']." Lenio is referring to an excerpt from Barbosa's speech to the Senate in 1914, in which he stated: ", from seeing so much dishonor prosper, from seeing so much injustice grow. From so much seeing powers grow In the hands of the wicked, man becomes discouraged by virtue, laughs at honor and is ashamed of being honest." Apart from that, the jurist states that, yes, Rui Barbosa impacted Brazilian Law with concrete measures and with his sarcasm. "Rui Barbosa proposed a legal democracy, with a strong role for the Federal Supreme Court. He was inspired by the US judicial review. Strong countermajoritarianism. Of course: Rui understood the context. Not even the STF initially understood the role given to him — which It cannot be said that it is a misreading. I have already told my students to write a dissertation or thesis on Decree 848/1890.
It is a monumental text. Ahead of its time. We can still learn from Rui today the perseverance and vision of jurists who looked beyond their time. Also their sarcasm. Today the legal community does not understand sarcasm", assesses Lenio Streck. For lawyer Arnaldo Sampaio de Moraes Godoy , author of the book Law and History — a mistaken relationship (Edições Humanidades), "enthusiasm for causes, fearlessness and facing Panama Telemarketing Data adversities in the courtroom are lessons that a contemporary lawyer can learn from Rui Barbosa. The jurist's positive legacy lies, according to Godoy, in the transposition of North American arrangements to Brazil, such as federalism in the 1891 Constitution, and the Brazilian doctrine of Habeas Corpus. After being prevented, by a police chief, from publishing one of his speeches critical of the government in the newspaper O Imparcial , Rui Barbosa filed a HC request with the Federal Supreme Court. Barbosa claimed the right to freedom of expression.
He, who was a senator, maintained that the pronouncements were inherent to the mandate and that the people needed to know how their representatives act. The jurist also defended that the HC should protect everyone from violent actions or state coercion, when illegal or with abuse of power. The STF, in the judgment of Habeas Corpus 3,536, in 1914, accepted the thesis by a majority, ensuring Rui Barbosa the "constitutional right to publish his speeches given in the Senate, by the press, where, how and when it suits him". With the decision, the Supreme Court inaugurated the Brazilian doctrine of Habeas Corpus, which extends to this day the meaning of "coercion" to all hypotheses, regardless of direct physical constraint. The ruling gave rise to the subsequent emergence of other institutes, such as the writ of mandamus. But Rui Barbosa also has his critics, such as Oliveira Vianna and Gilberto Freyre, cites Godoy. "The baroque language, the rhetorical pedantry, the tragedy of Encilhamento's economic policy and the discussion about the burning of slavery archives are themes that an impartial reading suggests that we revisit.