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

jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...

philosopher A philosopher is a person who practices or investigates philosophy. The term ''philosopher'' comes from the grc, φιλόσοφος, , translit=philosophos, meaning 'lover of wisdom'. The coining of the term has been attributed to the Greek th ...

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 w ...

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

. 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 GaW ...

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.

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 (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 ...

and in

Continental Europe Continental Europe or mainland Europe is the contiguous continent of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by ...

for his works on law and

philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. ...

. 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,

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 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 co ...

aspect) and, due to this, it produces a legal standard." Thus, the three dimensions of law come into connection through a peculiar cultural

dialectic Dialectic ( grc-gre, διαλεκτική, ''dialektikḗ''; related to dialogue; german: Dialektik), also known as the dialectical method, is a discourse between two or more people holding different points of view about a subject but wishing ...

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 Br ...

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 pr ...

. Resulted this work part of the text of

Constitutional Amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, ...

No. 1, dated 17 October 1969, which consolidated the military regime 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, becoming the Law 10.406/2002. He is considered the chief architect of Brazil's current

Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...

. 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 (Venice, 1958, and Mexico City, 1963, and Vienna, 1968). Lecturer specially invited by the International Federation of Philosophical Societies 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 Paraíba ( Tupi: ''pa'ra a'íba''; ) is a state of Brazil. It is located in the Brazilian Northeast, and it is bordered by Rio Grande do Norte to the north, Ceará to the west, Pernambuco to the south and the Atlantic Ocean to the east. Paraíba ...

, 1988/1990).

Biography

References

See also