Patrimonialismo: reflexões a partir da estrutura cartorial brasileira

Abstract

This dissertation is composed of two theoretical articles. The first article analyzes the historical conditions that allowed remnants of patrimonialism to remain in the structure of the Brazilian Government by considering the concepts described by many authors (especially by Weber, Faoro, Fernandes, and Schwartzman). We also observed the similarities and differences between the Brazilian patrimonialism and that of other countries, especially Portugal. Finally, we defined the circumstances that would allow the suppression of the Brazilian patrimonial legacy. The second article is centered on notaries, specifically the connection between their more anachronistic characteristics and the Brazilian patrimonial tradition, characteristics such as the forms in which the notaries attempt (and often succeed) to circumvent the constitutional requirement of a public tender to fill the vacancies of a notary and record official. We concluded that the continuity of such practices by the notary institution is due the influence of other patrimonialism circles in addition to its unique legal nature. We finish demonstrating the condition of the notary offices as a resilient redoubt of patrimonialism interests. Interests of which political force was capable of innumerable frustrating initiatives in the sense of conferring rationality to the notary environment.