Cultura do litígio no Brasil: um diálogo entre o pensamento de Keith Rosenn e Sérgio Buarque de Holanda

Abstract

The paper discusses the existence of a culture of judicial litigation in Brazil. It starts from the premise that the dialogue between two thinkers, from originally distinct areas of reflection, contributes to the understanding of the resilient and high number of lawsuits in Brazil. Thus, from the bibliographic and documentary research, seeks to explore the concept of judicialization, it’s characteristics and historical roots, based on the contrast of the thought of Sérgio Buarque de Holanda and Keith Rosenn, two authors whose works develop reflections on the Brazilian legal culture, albeit at different times, offering a important theoretical arc for the debate on social traits and practices, such as the “jeito”, or “jeitinho”, or, still, the “cordiality of the brazilian man”. The study allows us to conclude that these cultural characteristics have consequences in the legal field, as they strengthen the culture of using the Judiciary as an arena for resolution of conflicts and help to understand the high levels of judicial demands in Brazilian courts.