Considered one of the main references in Brazilian constitutional law, jurist and professor José Afonso da Silva completed a century of life on Wednesday (30).
Accompanied by the daughter and one of her two children, she received the Sheet For an interview, two days of his birthday, in the house that houses his office for a few decades in the neighborhood of Pinheiros, west of São Paulo.
He spoke about his trajectory and themes that dominated recent discussions from the legal world, such as the performance of the (Supreme Court), of which he is a defender, despite indicating caveats to the origin of the investigation that has aroused a series of clashes in recent years.
“I think the Supreme has saved today’s democracy in a couple of occasions,” he says, to whom the court was once “static” and “improved”.
Author of more than 30 works, José Afonso was appointed as the most cited doctrinator in STF decisions. He was honored by the President of the Court, during a session last week and also, on Tuesday (29), by the minister, in session at the TSE (Superior Electoral Court)
Launched in 1976, its constitutional law course reached the 45th edition last year. “This is a book that pleases me,” he says, after telling that he had a lot of work to update the work with that of 1988 – a text he helped build, as a legal advisor in the Constituent Assembly. His favorite work is the book “Applicability of Constitutional Standards”, published in 1968.
A native of the interior of Minas Gerais, he arrived in São Paulo in 1947, at the age of 22, without having completed primary education. In São Paulo, he worked as a tailor while completing his studies.
A week before celebrating his centenary from the USP Law School, a institution where he taught until 1995, and where he joined the 27th as a student after being approved in the entrance exam. On the 8th, it will be honored at an event at college.
In 2022, José Afonso during an act in defense of democracy inspired by and of which he was also a signatory. He also served as prosecutor of the State of São Paulo and held public office, such as the Secretary of Public Security, in the Government Mário Covas (PSDB).
They were present during the interview their son Virgílio Afonso da Silva, who followed in his father’s footsteps and is a law professor at USP, and his daughter Helena Augusta. She says that her father continues to review her own works. “We call his house, sometimes nine and a half, ten hours, and asks ‘It’s OK, Dad’? [E ele diz:] ‘I’m working’, “he says.” Is his boss really very angry, right, dad? Your boss is very demanding, “she jokes.
“The worst is that he doesn’t pay well,” the father finishes, to which everyone laughs. Asked about how often he works, he gives a brief laugh before he answered, “I work every day.” He also said that in the mornings and evenings I reserved about 20 minutes to meditate, a practice that has taken with it a few decades ago.
What is the feeling of completing a century of life?
I feel, in a way, very strong. I don’t have euphoria, but I feel very well. Because health is generally well. So getting to this age with reasonable health is very good. And that gives me a move.
Mr. It is appointed as one of the most cited doctrinators in STF decisions. What do you credit this achievement?
My first book was widely used in the Supreme. So, I was known in court for my first book, which is the extraordinary appeal [no Direito Processual Brasileiro, de 1963]. And was also known in the magistracy in general. The judges quoted the book a lot.
This opened a certain knowledge in the Supreme. I never went there to defend a cause. I defended below, defended in court, but in the supreme I never went there to make an oral defense.
After that, they started looking at my books, reading my books, and then understanding that there was something that could be enjoyed in them.
Mr. Evaluates that you brought a new perspective on the constitutions with your work?
[Houve] A speech by Minister Luís Roberto Barroso in this respect has about three days [em 24 de abril] That he really says that I brought a renewing contribution to constitutional law.
I think I brought it, yes. That this made it possible to emerge from a modernizing current, renewing the constitutional law.
I think it is up to others now, let’s say, my son [Virgílio]for example, play forward.
Previously, we thought a lot about constitutional law from the point of view of the state organization. A renewal comes precisely to change this. For the Constitution to be an instrument of guaranteeing fundamental rights.
Mr. participated in the constituent. Now, more than 35 years later, what mr. See how most important of the new text and weaker point?
I think the most important is the statement of fundamental rights of the Constitution. Especially social rights as well. So this is the highlight of the Constitution. It has a good statement of fundamental rights. The opposite point is that it was also lacking to create certain mechanisms so that they [esses direitos] had complete effectiveness.
Like mr. Do you see the performance in the last years of the STF and also the minister, who has been highlighted?
Alexandre’s problem, I think a mechanism was created, it was not even by Alexandre, it was [Dias] Toffoli. An inquiry that I think was not good.
Now, I don’t think the Supreme is wrong with everything. Only those who did not know the Supreme before, who was static, practically did not see things from the more human point of view, only after that that came to see.
So MR sees, in a way, the performance of the Supreme Court in recent years as positive, because it is not so static, but also sees negative points?
In my view the Supreme has improved. Having a minister or another doing something that is not so appreciated cannot reach the Supreme.
I think he improved. Who did not know [o STF] Before, he was static… I may be wrong, but I think the Supreme has saved democracy from today’s Brazil. I think he saved it on two occasions.
In which one?
No [de 2021] and on January 8 [de 2023]. I think he saved the democracy we have.
Mr. Do you consider that on January 8 there was an attempt to blow?
I consider it. I think there was. I thought that on September 7th [de 2021] It was also an attempt to blow. Only there was no correspondence from the Armed Forces to the speech of the [então presidente Jair] Bolsonaro.
The STF’s interpretation of a series of themes has been much questioned by a part of the most conservative political field, from usual issues to topics such as the temporal framework. Is there a crisis to some extent to the Constitution and the way the supreme interprets it and the fields that are active in politics in Brazil?
I don’t think so. I think there is a divergence of interpretation, as always, between conservative and progressive. In the constituent it was always like that too. Conservatives are certainly less likely to accept a certain kind of social policy. Ruralists want to take the lands of the Indians and other lands.
What are the main legal challenges that are placed?
A great challenge for the future of constitutional law is the realization of fundamental rights in an unequal society such as the Brazilian, especially with the objective of reducing this inequality.
X-ray
José Afonso da Silva, 100
Professor Emeritus at USP, is the author of books such as “Positive Constitutional Law Course” (Juspodivm/Malheiros), which is in the 45th edition, and “Applicability of Constitutional Standards” (Malheiros). At the Constituent Assembly, he was a advisor to Senator Mário Covas, then leader of the PMDB. He was Secretary of Public Security of São Paulo from 1995 to 1999.
