Acessibilidade / Reportar erro

Revolution and Legal Form: Rule of Law in post-revolutionary contexts and challenges to the revolutionary process.

Abstract

As an essay on the philosophy of law, this article intends to evaluate the possibilities of a relationship between the concept of the rule of law as a basic juridical form and the idea of revolution as profound socioeconomic change. To do this, it initially does a critical analysis of the concept of the rule of law by presenting its limits and showing how different forms of oppression can happen even under the cloak of the rule of law. After, realizes an analysis of the idea of revolution and the theoretical foundations of the Bolshevik revolution in Russia from texts of Lenin. It maintains the importance of assuring the rule of law in post-revolutionary contexts to ensure the exercise of public freedoms. It also maintains that the spirit and revolutionary process must gauge the functioning of the rule of law so that it does not become mere formal mechanism of liberal democracies. The rule of law must strengthen the revolution and the revolution must strengthen the rule of law.

Keywords:
Russian revolution; Revolution; Rule of law; Legal form

Universidade do Estado do Rio de Janeiro Rua São Francisco Xavier, 524 - 7º Andar, CEP: 20.550-013, (21) 2334-0507 - Rio de Janeiro - RJ - Brazil
E-mail: direitoepraxis@gmail.com