Antíteses (Dec 2017)

Getúlio Vargas and the Brazilian Supreme Court: an analysis of Olga Prestes’ habeas corpus

  • Felipe Cittolin Abal

DOI
https://doi.org/10.5433/1984-3356.2017v10n20p881
Journal volume & issue
Vol. 10, no. 20
pp. 881 – 900

Abstract

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This article deals with the judgment by the Brazilian Supreme Court of the habeas corpus filed in the name of Olga Benário Prestes in order to prevent her expulsion from Brazil to Nazi Germany. The main objective of the study is to identify, through the analysis of the Court’s decision, the factors that led to the denial of the habeas corpus, taking into account the composition of the Court, the existing rules for the case, the relations between the executive and the Court and the relationship between Vargas government and the Supreme Court. Through the study of this specific case it is possible to recognize that the Brazilian Supreme Court had a strong relation with the executive power embodied in the figure of Vargas, which led to a decision aligned with the wishes of the president.

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