Miguel Reale (6 November 1910 – 14 April 2006) was a Brazilian jurist, philosopher,

academic An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, ...

politician A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking ...

and

poet A poet is a person who studies and creates poetry. Poets may describe themselves as such or be described as such by others. A poet may simply be the creator ( thinker, songwriter, writer, or author) who creates (composes) poems ( oral or wri ...

known as one of the most important jurists of Brazil. He was one of the leaders of

Integralism In politics, integralism, integrationism or integrism (french: intégrisme) is an interpretation of Catholic social teaching that argues for an authoritarian and anti- pluralist Catholic state, wherever the preponderance of Catholics within t ...

in Brazil and an ideologue of the

Brazilian Integralist Action Brazilian Integralist Action (Portuguese: ''Ação Integralista Brasileira'', AIB) was an integralist/fascist political party in Brazil. It was based upon the ideology of Brazilian Integralism as developed by its leader Plínio Salgado. Brazilian ...

. Reale served as Secretary of Justice for the state of

São Paulo São Paulo (, ; Portuguese for ' Saint Paul') is the most populous city in Brazil, and is the capital of the state of São Paulo, the most populous and wealthiest Brazilian state, located in the country's Southeast Region. Listed by the Ga ...

in 1947. He founded the Brazilian Institute of Philosophy in 1949 and the São Paulo-based Inter-American Society of Philosophy in 1954. He was a member of the

Brazilian Academy of Letters The Academia Brasileira de Letras (ABL) ( English: ''Brazilian Academy of Letters'') is a Brazilian literary non-profit society established at the end of the 19th century. The first president, Machado de Assis, declared its foundation on Tue ...

Biography

Reale graduated from the Law Faculty of the

University of São Paulo The University of São Paulo ( pt, Universidade de São Paulo, USP) is a public university in the Brazilian state of São Paulo. It is the largest Brazilian public university and the country's most prestigious educational institution, the bes ...

(1934), where he was professor (1941) and

rector Rector (Latin for the member of a vessel's crew who steers) may refer to: Style or title *Rector (ecclesiastical), a cleric who functions as an administrative leader in some Christian denominations *Rector (academia), a senior official in an edu ...

(1949-1950, 1969-1973). In addition, he received the title of professor emeritus of the University of São Paulo. As a scholar, he became well known in

Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...

and in Continental Europe for his works on

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

and philosophy. Was a prolific writer in the legal field, having written several classic works of Brazilian philosophical and legal thought. Among his works: Philosophy of Law and Preliminary Lessons of Law. Received notoriety when formulating the three-dimensional theory of law on which the law has three dimensions:

social fact In sociology, social facts are values, cultural norms, and social structures that transcend the individual and can exercise social control. The French sociologist Émile Durkheim defined the term, and argued that the discipline of sociology should ...

value Value or values may refer to: Ethics and social * Value (ethics) wherein said concept may be construed as treating actions themselves as abstract objects, associating value to them ** Values (Western philosophy) expands the notion of value beyo ...

and legal norm. Briefly, his theory can be understood as follows: "The social fact (

sociological Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of empirical investigation and ...

aspect) is valued (

axiological Axiology (from Greek , ''axia'': "value, worth"; and , ''-logia'': "study of") is the philosophical study of value. It includes questions about the nature and classification of values and about what kinds of things have value. It is intimately c ...

aspect) and, due to this, it produces a legal standard." Thus, the three dimensions of law come into connection through a peculiar cultural dialectic called "dialectic of polarity and implication." In 1969 he was appointed by President

Arthur da Costa e Silva Artur da Costa e Silva (; 3 October 1899 – 17 December 1969) was a Brazilian Army Marshal and the second president of the Brazilian military government that came to power after the 1964 coup d'état. He reached the rank of Marshal of the ...

for "High Level Commission" set up to review the 1967

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

. Resulted this work part of the text of Constitutional Amendment No. 1, dated 17 October 1969, which consolidated the

military regime A military dictatorship is a dictatorship in which the military exerts complete or substantial control over political authority, and the dictator is often a high-ranked military officer. The reverse situation is to have civilian control of the m ...

in Brazil. In 2002 Reale,

Ada Pellegrini Grinover Ada Pellegrini Grinover (16 April 1933 – 13 July 2017) was a Brazilian lawyer. She was a full professor at the University of Sao Paulo and attorney for the State of Sao Paulo. Life Grinover was born in 1933 in Naples. Her father, Domenico Pel ...

Maria Helena Diniz Maria Helena Diniz (born 1956, São Paulo) is a Brazilian jurist and professor. She currently holds the chair of full professor of Civil Law at the Pontifical Catholic University of São Paulo, where she obtained her master's (1974) and doctorat ...

and Gofredo da Silva Teles Júnior actively participated in the important drafting of the Brazilian Civil Code. The project was sanctioned by President

Fernando Henrique Cardoso Fernando Henrique Cardoso (; born 18 June 1931), also known by his initials FHC (), is a Brazilian sociologist, professor and politician who served as the 34th president of Brazil from 1 January 1995 to 31 December 2002. He was the first Brazi ...

, becoming the Law 10.406/2002. He is considered the chief architect of Brazil's current Civil Code. Miguel Reale had prominent role in the field of philosophy, occupying the following positions: Co-founder of the Brazilian Institute of Philosophy of Lisbon, Portugal. Organizing seven Brazilian Congresses of Philosophy (1950-2002) and the VIII Inter-American Congress of Philosophy (Brasilia, 1972). Special Rapporteur on the XII, XIII and XIV

World Congress of Philosophy The World Congress of Philosophy (originally known as the International Congress of Philosophy) is a global meeting of philosophers held every five years under the auspices of the International Federation of Philosophical Societies (FISP). First or ...

(Venice, 1958, and Mexico City, 1963, and Vienna, 1968). Lecturer specially invited by the

International Federation of Philosophical Societies The International Federation of Philosophical Societies (French: ''Fédération Internationale des Sociétés de Philosophie'', FISP) is a world organization for learned societies in philosophy. Its member-societies arguably include every country ...

for the XVI and XVIII World Congress (Düsseldorf, Germany, 1978, and Brighton, UK, 1988). Organizer and president of the II Brazilian Congress of Legal and Social Philosophy (

, 1986) and the third and fourth Congresses ( João Pessoa, Paraíba, 1988/1990).

Biography

References

See also