Judiciary and the Weimar democracy crisis in Franz Neumann's diagnosis

• Grant number: 23/14853-7
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2023
• End date: October 31, 2024
• Field of knowledge: Interdisciplinary Subjects
• Principal Investigator: Rúrion Soares Melo
• Grantee: Everton Viana dos Santos
• Host Institution: Centro Brasileiro de Análise e Planejamento (CEBRAP). São Paulo , SP, Brazil
• Associated research grant: 19/22387-0 - Crises of democracy: critical theory and the diagnosis of present time, AP.TEM

Abstract

The judiciary is a central element in the various diagnoses of the author of Weimar democracy, its crisis, and its end. In his analyses, Neumann sought to articulate the changes in the decision-making process and the scope of jurisdiction - an investigation of the structural transformations in the configuration of the separation of powers - with the conservative tendencies and hostility towards the legislative achievements of workers in the judiciary - an analysis that takes as its starting point a conflictive political process between social groups with antagonistic interests, in which each seeks to assert their interests supported by the relative power they possess at any given moment - in order to grasp the role of the judiciary in the first German democracy. The objective of this project is to present Neumann's temporal diagnosis in the text "The Social Significance of Fundamental Rights in the Weimar Constitution" from 1929, with special emphasis on the role of the judiciary.