Neoliberalism and the Rule of Law

Authors

  • Oscar Vilhena Vieira

Keywords:

Rule of Law, Neoliberalism, Reciprocity, Inequality, Congruence

Abstract

The text examines the concept of the Rule of Law and its relationship with neoliberalism, analyzing the conceptions of Hayek, Fuller and Raz. It starts from the public monopoly of the means of coercion as a precondition of the Rule of Law and argues that reciprocity and congruence between the rules and their application are essential elements. It analyzes the Brazilian case, demonstrating that, although the legal system conforms to the first "excellences", there is a lack of congruence in the application of the Law, due to high levels of social and economic inequality that break the relations of reciprocity. It concludes that neoliberalism, by restricting the redistributive role of the State, hinders the construction of an authentic Rule of Law.

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References

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Published

1996-04-01

How to Cite

VIEIRA, Oscar Vilhena. Neoliberalism and the Rule of Law. Brazilian Journal of Criminal Science, São Paulo, v. 14, n. 14, p. 201–214, 1996. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3492. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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