10 Most Influential Brazilian Lawyers and Scholars

Published in

Heritage Digest

15 min readJun 16, 2024

Many brilliant minds have shaped Brazil’s legal landscape. This article highlights ten of the most influential Brazilian lawyers who have left indelible marks on the nation’s legal system and society. Their contributions range from groundbreaking legal theories to significant political involvement, forever altering Brazil’s judicial course.

Ruy Barbosa (1849–1923)
Sobral Pinto (1893–1991)
Pontes de Miranda (1892–1979)
Evandro Lins e Silva (1912–2002)
Clóvis Beviláqua (1859–1944)
Dalmo de Abreu Dallari (1931–2022)
José Carlos Dias (1939-Present)
Ada Pellegrini Grinover (1933–2017)
Evaristo de Moraes (1871–1939)
Afonso Pena (1847–1909)

1. Ruy Barbosa (1849–1923)

Ruy Barbosa, born on November 5, 1849, in Salvador, Bahia, Brazil, grew up in a culturally rich environment. His upbringing instilled in him a deep sense of justice and civil liberties. Barbosa’s parents fostered an environment that valued education and intellectual pursuits, shaping his future career as a jurist and politician. His early exposure to social and political issues, especially the movement against slavery, profoundly influenced his later work and advocacies.

Barbosa’s education was comprehensive and robust, laying the foundation for his multifaceted career. He first gained public attention at 19 with a speech advocating for the abolition of slavery, marking the beginning of his lifelong commitment to civil liberties. Barbosa’s educational background in law and intellectual prowess enabled him to play a pivotal role in shaping Brazil’s legal and political landscapes. He was instrumental in drafting Brazil's first Republican Constitution, reflecting his deep understanding of law and governance.

Barbosa’s major achievements span various roles, including that of a jurist, diplomat, writer, and politician. He is most renowned for representing Brazil in the second Hague Convention and advocating for Brazil’s involvement in World War I on the side of the Allies. As Minister of Finance, he controversially ordered the destruction of government records on slavery to erase this dark chapter from Brazilian history and prevent possible indemnification of former slave owners. Despite the controversy over his economic policies, which led to his exile, Barbosa’s dedication to civil rights and his influence in Brazilian politics remained significant. He ran for the presidency multiple times, leaving a lasting legacy in Brazilian politics and law. Barbosa passed away on March 1, 1923, in Petrópolis, near Rio de Janeiro, leaving behind a legacy as a defender of civil liberties and an influential figure in Brazilian history.

2. Sobral Pinto (1893–1991)

Heráclito Fontoura Sobral Pinto was born on November 5, 1893, in Barbacena, Minas Gerais, Brazil. His father, Príamo Cavalcanti Sobral Pinto, worked as a station master for the Central do Brasil railroad, providing Sobral Pinto with a modest yet stable upbringing. This environment and his family’s values shaped Sobral Pinto’s early life and his steadfast commitment to justice and human rights. His upbringing in a time of political change in Brazil likely influenced his later career as a lawyer and activist.

Sobral Pinto’s legal education at the National Law School of the Federal University of Rio de Janeiro laid the groundwork for his remarkable career. Initially focusing on Private Law, he soon became a renowned criminal lawyer known for defending those persecuted for political reasons. His staunch Catholic faith did not deter him from defending communist leader Luís Carlos Prestes, reflecting his dedication to legal ethics and human rights over personal beliefs. Sobral Pinto’s bold strategies, including using animal protection laws to argue for the humane treatment of prisoners, demonstrated his innovative and principled approach to law.

Significant achievements and a strong commitment to human rights and democracy marked Sobral Pinto’s career. He gained fame for defending the Copacabana Palace Hotel, successfully challenging a government ban on gambling, and ensuring the hotel’s right to operate a casino. Renowned for his integrity, he declined a post as minister of the Federal Supreme Court, emphasizing his commitment to justice over personal gain. During Brazil’s military dictatorship, Sobral Pinto remained an outspoken critic, advocating for democratic principles and participating in the “Diretas Já” movement. He continued contributing to legal discourse and was honored for his lifelong dedication to human rights. Sobral Pinto passed away on November 30, 1991, in Rio de Janeiro, leaving a legacy as a fearless advocate for justice in Brazilian history.

3. Pontes de Miranda (1892–1979)

Francisco Cavalcanti Pontes de Miranda was born on April 23, 1892, in Maceió, Brazil. Growing up in a time of burgeoning intellectualism in Brazil, he pursued his education with vigor, notably in Recife. He completed his law degree in 1911, setting the stage for a distinguished career in various facets of legal practice and academia. His early exposure to diverse fields of study influenced his multifaceted approach to law, encompassing legal theory and sociology, philosophy, and mathematics.

In his professional life, Pontes de Miranda was first recognized as a lawyer before transitioning into a role as a judge in 1924. His legal acumen and diplomatic skills were further acknowledged when he was appointed as the Brazilian ambassador to Colombia in 1939. In addition to his practical legal work, he was deeply involved in academia, teaching law at The Hague Academy of International Law in 1932. His commitment to legal education was further recognized through honorary degrees from several prestigious Brazilian universities.

Pontes de Miranda’s contributions to legal scholarship are monumental. His writing spans 29 works over 144 volumes, covering many subjects from law to literature, earning him recognition in scientific and literary circles. His magnum opus, the “Treatise of Private Law,” is a colossal work comprising 60 volumes and 30,000 pages, making it one of the most extensive treatises by a single author. His influence in the legal field remains significant, as evidenced by jurists and legal scholars continuing to cite his work more than forty years after his death on December 22, 1979, in Rio de Janeiro.

4. Evandro Lins e Silva (1912–2002)

Evandro Cavalcanti Lins e Silva was born on January 18, 1912, in Brazil, into a family with a legal background. His father, Raul Lins e Silva, graduated from the Faculty of Law at the Federal University of Pernambuco and established himself as a lawyer. His mother, Maria do Carmo Uchôa Cavalcanti, came from a family with legal prominence, further nurturing Evandro’s inclination towards law. Evandro followed in his father’s footsteps, graduating from the Faculty of Law at the Federal University of Rio de Janeiro on November 19, 1932. Even as a student, he showed a keen interest in journalism, a pursuit he continued alongside his legal career.

Lins e Silva’s legal career was marked by specialization in criminal law. He practiced extensively in criminal courts, including the Jury, Superior, and Supreme Federal Court. His legal acumen was demonstrated in several high-profile cases, including political trials before the National Security Court and the Military Justice. In 1956, he became a professor at the then Guanabara State University, teaching Criminal Law History and Penitentiary Science until 1961. His academic contributions further solidified his reputation in the legal field.

Apart from his legal career, Lins e Silva was politically active. He was a founding member of the Brazilian Socialist Party in 1947. His political roles included serving as Chief of Staff of the Presidency and Minister of Foreign Affairs in 1963. He was appointed Prosecutor General of the Republic and later became a Justice of the Supreme Federal Court. His tenure ended abruptly in 1969 due to Institutional Act №5, which led to his forced retirement. Lins e Silva continued to influence the legal field as a member of the Federal Council of the Order of Attorneys of Brazil. She was involved in the impeachment request against President Fernando Collor de Mello. As a writer, he contributed significantly to legal literature and is remembered for coining the term “legitimate defense of honor” in a famous murder case. Lins e Silva passed away on December 17, 2002, after an accidental fall, leaving behind a legacy of legal excellence and advocacy for justice.

5. Clóvis Beviláqua (1859–1944)

Clóvis Beviláqua, a distinguished jurist and legal scholar, was born on October 4, 1859, in Viçosa do Ceará, Brazil. He was the son of a priest, José Beviláqua, and Martiniana Maria de Jesus, and his upbringing in an intellectually stimulating environment influenced his later pursuits. He received his primary education in Sobral and Fortaleza, showing early promise. At the age of ten, his father sent him to Fortaleza for a better education, and later, he moved to Rio de Janeiro to complete his preparations at Externato Jasper and São Bento Monastery. Here, Beviláqua’s intellectual curiosity flourished, and he began his activities as a man of letters at just seventeen.

Beviláqua’s legal career began after graduating in law in 1882 from the Faculty of Law of Recife. He quickly became known for his involvement in the “Escola do Recife,” a group of young intellectuals who mobilized the academic environment of the time. His adherence to positivist ideals in philosophy was notable, and he participated in the French Academy of Ceará alongside other intellectuals. In 1889, he started teaching philosophy at the Faculty of Law of Recife, soon becoming responsible for the chair of Comparative Legislation. Beviláqua’s marriage to Amélia de Freitas in 1884 was another significant milestone, further anchoring his personal and professional life in Brazil.

Clóvis Beviláqua’s most significant contribution to Brazilian law was as the author of the Brazilian Civil Code project in 1901, a monumental work that remained in force until 2002. The then Minister of Justice, Epitácio Pessoa, commissioned this project, and Beviláqua completed it in just six months. However, it took the National Congress over fifteen years to analyze and amend it. Finally promulgated in 1916, the Civil Code was a testament to Beviláqua’s legal expertise and scholarship. In addition to his legal work, Beviláqua served as a Legal Consultant to the Ministry of Foreign Affairs from 1906 until 1934 and was a founding member of the Academia Brasileira de Letras. His political involvement included serving as a deputy in the Constituent Congress of the State of Ceará, contributing significantly to the drafting and promulgating of the state’s Political Constitution in 1891. Clóvis Beviláqua passed away in 1944, leaving a legacy as one of Brazil’s most respected legal minds.

6. Dalmo de Abreu Dallari (1931–2022)

Dalmo de Abreu Dallari was born on December 31, 1931, in Serra Negra, São Paulo, to a father of Italian descent who owned a shoe store. His family moved to São Paulo’s capital in 1947, primarily to provide better educational opportunities for their sons. Dalmo was deeply influenced by his father, who used to explain newspaper articles to the illiterate rural people. His mother, an avid reader, instilled in him a love for literature, encouraging his interest in authors like Castro Alves and Álvares de Azevedo. This early exposure to political and social issues and a nurturing environment for reading shaped Dalmo’s future path in law and human rights.

Dalmo Dallari graduated from the University of São Paulo in 1957 with a law degree. His academic career was marked by significant achievements, including becoming a lecturer in the general theory of the state at USP in 1963. He was later appointed as a full professor of general state theory in 1974. During his tenure as director of the Faculty of Law at USP from 1986 to 1990, he oversaw the construction of the Faculty’s annex building. Dallari retired in 2001 and was honored as professor emeritus in 2007. His pioneering work, “The Future of the State,” published in 2001, is a notable contribution, exploring concepts like the world state, super-states, and multiple welfare states. Dallari’s career also included roles in various esteemed organizations, reflecting his deep commitment to law and human rights.

Dallari’s political activism was ignited by his experiences as a law student, particularly witnessing police brutality against striking workers. He was appalled by the injustice and became a staunch advocate for human rights. His involvement with the labor movement was a critical turning point, shaping his political views. Post the 1964 coup, Dallari actively opposed the military regime and played a key role in promoting human rights, working closely with Paulo Evaristo Arns to organize the Pontifical Commission for Justice and Peace. Later, he served as the Secretary of Legal Affairs in São Paulo’s city hall during Luiza Erundina’s mayorship. Dallari passed away on April 8, 2022, at 90, leaving a legacy as a respected jurist, teacher, and champion of human rights and democracy.

7. José Carlos Dias (1939-Present)

José Carlos Dias, born in 1939 in São Paulo, Brazil, embarked on a distinguished legal career after graduating from the University of São Paulo (USP). As a student, he was an active speaker at the XI de Agosto Academic Center, representing his class of 1963. His early involvement in university activities hinted at his future dedication to justice and human rights. This foundation set the stage for his significant contributions to Brazilian law and politics.

Dias gained prominence during Brazil’s military dictatorship as a defender of political prisoners, bringing him to the forefront of Military Justice. During this turbulent period, his work was crucial in upholding human rights and providing legal assistance to those unfairly targeted by the regime. His dedication to justice and human rights advocacy led him to hold several notable public positions. He served as the President of the Justice and Peace Commission of the Archdiocese of São Paulo and the Secretary of Justice of the State of São Paulo during Franco Montoro’s government (1983–1987). His expertise and commitment were further recognized when he was appointed Minister of Justice during Fernando Henrique Cardoso’s government (July 1999 — April 2000).

José Carlos Dias continues to contribute to the legal field as a partner at the law firm Dias e Carvalho Filho — Advogados. His ongoing involvement in significant institutions underscores his enduring commitment to legal and human rights issues. He served as an advisor to the São Paulo Justice and Peace Commission, a member of the board of trustees of Fundação Padre Anchieta, and a member of the Federal Government’s National Truth Commission from August to November 2013. In 2019, he was elected president of the Dom Evaristo Arns Commission for the Defense of Human Rights for the biennium 2019–2021, solidifying his role as a leading figure in Brazil's fight for human rights. His career, marked by his advocacy for justice and involvement in key legal and political roles, reflects a lifelong dedication to upholding the rule of law and protecting human rights.

8. Ada Pellegrini Grinover (1933–2017)

Ada Pellegrini Grinover was a renowned Italian-Brazilian jurist and attorney born in Naples on April 16, 1933. Her father, Domenico Pellegrini Giampietro, was a lawyer and university professor who served as the Minister of Finance of the Italian Social Republic between 1943 and 1945. In 1951, her family emigrated to Brazil, settling in São Paulo, where Ada would later establish her distinguished legal career. The move to Brazil marked a significant shift in her life, setting the stage for her future contributions to Brazilian law.

Ada Pellegrini graduated in law from the Faculty of Law at the University of São Paulo (USP) in 1958. She furthered her education at USP, completing her licentiate in law in 1970 and earning a doctorate in civil procedural law in 1973. Her academic journey was marked by a deep commitment to legal studies, laying a solid foundation for her future as a legal scholar and educator. In 1971, she joined USP as a professor and became a full professor of the Department of Procedural Law in 1980, a position she held until her retirement in 2003. Her tenure at USP was characterized by a passion for teaching and a dedication to advancing legal knowledge.

Throughout her career, Ada Pellegrini Grinover made significant contributions to the legal field in Brazil. She served as a prosecutor for the State of São Paulo from 1970 to 1992, participated in the drafting of the 2002 Brazilian Civil Code alongside notable legal figures, and worked on reforms to the Criminal Procedure Code and the Consumer Protection Code. Her work had a profound impact on Brazilian social and legal development. Ada also created several important laws, including the Telephone Interception Law, the Public Civil Action Law, and the Writ of Mandamus Law. Ada Pellegrini Grinover passed away on July 13, 2017, in São Paulo, leaving a legacy of legal scholarship and advocacy. Her death was mourned by many in the legal community, reflecting the respect and admiration she garnered throughout her career.

9. Evaristo de Moraes (1871–1939)

Antônio Evaristo de Morais was born on October 26, 1871, in Rio de Janeiro, Brazil, to parents Basílio Antônio de Morais and Elisa Augusta de Morais. His early education took place at a Benedictine school in the capital of the Empire, where he displayed an early interest in academics and later returned as a teacher in 1886. This early engagement with education and teaching foreshadowed his future contributions to Brazil's legal and social spheres.

In 1890, Evaristo de Morais played a pivotal role in forming the Workers’ Party, the first socialist party association in Brazilian history, indicating his lifelong commitment to social justice and workers’ rights. His legal career commenced in 1894 at the Silva Nunes e Ferreira do Faro office. Remarkably, it was only after 23 years of practicing law that he earned his law degree at the age of forty-five, and he was the speaker of his class on this occasion. His late formal legal training did not hinder his effectiveness or reputation as a capable and dedicated lawyer.

Evaristo de Morais’ major achievements include his co-founding of the Brazilian Press Association in 1908 and his significant role in defending rebel sailors during the Revolt of the Whip in the 1910s. His legal acumen was particularly notable in his defense of João Cândido Felisberto, the “Black Admiral,” who led the sailors’ rebellion. Evaristo de Morais’ advocacy for amnesty for the rebels highlights his commitment to justice and human rights. Additionally, in 1920, he founded the Socialist Party and was instrumental in its joining the Second International, aligning Brazil with socialist internationalism. His specialization in labor defense and his role in the Ministry of Labor under Getúlio Vargas were critical in shaping Brazil's Consolidation of Labor Laws. Evaristo de Morais passed away on June 30, 1939, leaving a legacy as a champion of workers’ rights and a pioneer in Brazilian labor law.

10. Afonso Pena (1847–1909)

Afonso Augusto Moreira Pena was born on November 30, 1847, in Santa Bárbara, Minas Gerais, into a family with strong political and economic influence. His father, Domingos José Teixeira Pena, was a Portuguese immigrant who owned a gold mine and slaves, providing the family a comfortable lifestyle. Afonso Pena was raised amidst the elite of Minas Gerais and was exposed to his father’s business dealings and political discussions, which undoubtedly influenced his future career in law and politics.

Pena’s education was comprehensive and robust. He completed his initial studies with private tutors at home and later joined the Caraça School, a reputable institution run by Lazarist priests. In 1866, he moved to São Paulo to study at the Faculty of Law, where he immersed himself in legal studies and engaged with fellow students who would become prominent figures in Brazil, such as Ruy Barbosa and Joaquim Nabuco. His law education laid the foundation for his notable career as a lawyer, professor, and politician.

Afonso Pena’s achievements are significant in Brazilian history. He started as an attorney, advocating for slaves’ rights, and soon entered politics as a member of the Liberal Party. His political journey included serving as a minister under the Empire of Brazil and later, after the proclamation of the Republic, contributing to the creation of the new state constitution of Minas Gerais. As the President of Minas Gerais, he established Belo Horizonte as the state capital and founded the Faculty of Law of Minas Gerais. Nationally, he served as the President of Brazil from 1906 until he died in 1909, during which he supported various initiatives like the Taubaté Agreement, modernization of the army and navy, and expansion of railroads and immigration. Pena passed away on June 14, 1909, leaving a significant mark on Brazilian law and politics.