Orlando Gomes, “Direito e Desenvolvimento” (1961) and the crisis of Private Law

the default of the law on the facts

Abstract

The understanding of the problems and idiosyncrasies of national economic development policies, under the privatist bias, has in Orlando Gomes a central figure of great theoretical density and methodological heterodoxy, contrary to the legalist and normativist conservatism of the period. Among the themes that are the object of the author’s studies and bibliographical production, there is a marked concern with social interests or, in other terms, with the socialization of private law. In his initial works, two characteristics can be glimpsed that Orlando Gomes will attest to throughout his academic life: the first, of a vigorous dialogue between multiple social chairs; the second, of criticism of the mismatch between private dogma and social reality. The central object of observation and analysis of this study is the innovative contribution of jurist Orlando Gomes of the relational environment between Law and Development, from the perspective of private law (civil law, economic law, labor law and law & development). The study of economic development in a Brazilian society of the Vargas Era from 1930 to 1980 is contextualized. To this end, the article addresses the following topics: 1) – social change and the crisis in law; 2) – the historical situation of development; 3) – the heterogeneity of the Brazilian economy and law; 4) – the law in arrears with the facts; 5) – the law in arrears with development; 6) – development and taxation. The research is based on interviews, biographies, memories, tributes, and especially the author’s bibliography.