Hans Kelsen – The Reception of “Pure Theory” in South America, Particularly in Brazil

Abstract

This article aims to examine the reception of « Pure theory of Law », of Hans Kelsen in some South-American countries, throughout institutional approaches and also the diffusion of this theory as well its acceptance by cultural agents who represented academic and professional law environment, in Uruguay, Colombia, Argentina and Brazil. The historical period of this study concerns the early times of 40 till our days. Although the reference of Kelsen’s thought about theory of law may appear as a constant feature on South-American jurists, mainly till the decade of 1980, actually we can identify real problems that claim for a falsehood about the guidelines of the pure theory of law and ambiguities in connection to theoretical issues within positivist traditions in face of authoritarian governments in Latin America.