A manifestação jurídica do nacional-socialismo em face do conceito de Estado de direito

Abstract

This work aims to investigate how the German Rule of Law was object of theoretical reformulation, in order to instrumentalize it for the use of National Socialism. For this task, the concept of the Rule of Law is approached in the traditions of England (Rule of Law) and continental Europe (Rechtsstaat), considering their meanings and contents. It continues with the deepening of Rechtsstaat, which arose in the 19th century due to the contribution of liberal doctrine, which sought to compromise German Public Law with individual rights, however it was not strengthened due to the concomitance of autocratic political projects. The ascension aspects of the regime are exposed, and from this point on how the limitation of power by legal mechanisms was completely ruled out. The General Theory of the State was distorted by the introduction of elements such as the principle of leadership, and the institutions that maintained the organizational balance of power were suppressed. The law was extensively reformulated to realize the ideals of doctrine, reoriented by new sources that dispensed with the consolidated legal guarantees. This explanation uses documents, such as the German Constitution of 1919 and several Nazi norms, and works in the areas of Law, History, Political Science and Sociology, with references to authors who lived at that time and influenced the theoretical framework of the period. Finally, are analyzed possible classifications for the regime, the responsibility of Legal Positivism and the new ideas emanating from the postwar to the improvement of the Science of Law.