“Many Points of Similarity Between Them”

Representations of Spanish Administrative Law by the Brazilian Administrativist Doctrine in the 19th Century (1854-1889)

Abstract

It is common sense in administrative dogmatics that foreign doctrines were important for the theoretical construction of the Brazilian administrative law during the 19th century. Despite the undisputed predominance of the French doctrine, Brazilian jurists have also considered doctrines from other countries, mainly the Iberian doctrine. In the article, we examine to what extent the Spanish legal experience is represented in the Brazilian administrative doctrine of the 19th century. We consider the factors that made this translation possible, the terms in which it was developed and the various uses and re-significations to which this experience was subjected by the Brazilian legal doctrine. Our conclusion is that the similar difficulties faced by both the Brazilian and Spanish governments made the Spanish doctrine an important reference for the Brazilian administrative doctrine during its formation period.