Banca de DEFESA: CARLOS HENRIQUE ANTUNES DA SILVA

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : CARLOS HENRIQUE ANTUNES DA SILVA
DATE: 30/11/2022
TIME: 09:00
LOCAL: videoconferência
TITLE:

The Court of Appeal of Rio de Janeiro: legal practices and processes in theperiod between 1833 and 1850.

KEY WORDS:

Legislation; Judicial Power; Empire; Court Relation; Slavery

PAGES: 330
BIG AREA: Ciências Humanas
AREA: História
SUMMARY:

This Doctoral Thesis sought, on the one hand, to understand the legislation and organization of the Judiciary from the arrival of the Portuguese royal family, and the performance of the various subjects involved, including slaves, in the appeals that ended up in the Court of Appeal of the Rio de Janeiro in the period between 1833 and 1850; and, on the other hand, to analyze the procedures and types of lawsuits that gave rise to the different appeals, in order to verify whether the formal aspects of positive law were observed or not and the autonomy of the Judiciary. Judicial organization in the Brazilian Empire, whose beginnings were made some considerations about the Portuguese ordinances. In addition, an overview was drawn between the Court of Suplication and the Court’s Appeal in the period when the latter had jurisdiction of last resort. Afterwards, in the next chapter, the legislation in the period from 1833 to 1850 was approached, an analysis from the granting of the Constitution of 1824, through the enactment of the Penal Codes of 1830 and Criminal Procedure of 1832, in addition to the extravagant legislation enacted until 1850.In the third chapter, an analysis was made of the legal doctrine that served as a reference to the judges, judges, lawyers and other agents who manipulated the Law. In the fourth chapter, the Court of Appeal and its actors were approached, in addition to its jurisdictional performance and prosopographic analysis of the magistrates and lawyers that were found in the researched sources. An analysis of the contents of the interpretations of the legal decisions was also added in order to guide the legal objectives of the decisions. In the fifth chapter, the description of the judicial processes and their practices and procedures not only in the appellate scope but also of the original actions that were used at that historical moment began. In the sixth chapter, an approach was made to slavery in the Court’s Relation within the time frame of the research, tracing the different conflicts that involved slaves, both in the civil and criminal spheres. As sources of this research, 220 lawsuits were used that were processed and judged in the Court of Appeal in the period between 1833 and 1850, which are part of the collections of the National Archives, as the books described in the bibliography were used. In the end, we conclude that the Rio de Janeiro Court of Appeal, in the period between 1833 and 1850, served to legitimize the liberal policy adopted since the proclamation of Independence in 1822 as a result of the adoption of decisions from agents who were previously selected by the Imperial government in the consolidation of the Brazilian State.

COMMITTEE MEMBERS:
Externa à Instituição - ADRIANA PEREIRA CAMPOS - UFES
Externa à Instituição - ANDREA SLEMIAN - UNIFESP
Externa à Instituição - KEILA GRINBERG - UNIRIO
Presidente - 1542563 - MARCELLO OTAVIO NERI DE CAMPOS BASILE
Interno - 1544079 - ROBERTO GUEDES FERREIRA