IUS ROMANUM ET BRASILIENSE: A PERMANÊNCIA CRÍTICA DO DIREITO ROMANO NO DIREITO CIVIL BRASILEIRO CONTEMPORÂNEO

This paper aims to analyze the ongoing influence of Roman law on contemporary Brazilian civil law. Based on the historical origins of Roman law, it explores its conceptual structure and critical reception in Brazil, with emphasis on civil codification and the institutional and normative transformations throughout time. The research highlights the persistence of key Roman legal institutes, even amidst the constitutionalization of civil law and current demands for social justice. The adopted approach emphasizes the importance of tradition as an interpretative foundation, without compromising its constant reinterpretation in light of democratic values. It concludes that the Romanist matrix, far from being static, represents a structure in permanent renewal and essential to the understanding and development of the Brazilian legal system.