THE JUSTICE OF THE (ALLEDGED) PEACE. THE LOCAL MAGISTRATE IN THE IMPERIAL COURT POLITICAL GAME
Justice of the peace. Empire. Rio de Janeiro. Citizenship. Patronage.
Brazil’s independence process gave rise to a series of institutional reforms. In the opening of the First Legislature, in 1826, the deputies discussed about the urgency in the elaboration of a new legal framework for the country and the Justice reformation. In this sense, the liberal project of creation of a local judge chosen by voting by means of a direct election increased the participation of the voters, besides being a counterpart to the professional magistrates considered as inefficient, corrupt, and centralized. Nonetheless, in the turbulent context of regency and the street manifestations in Court, the Criminal Process Code of 1832 was sanctioned, increasing, and diversifying the powers of the justice of the peace. When moderate liberals occupied the government of the nation, the excessive autonomy of the elected judges was seen as a threat of power decentralization. The purpose of this research is to understand how and under which interests acted the justices of the peace in the city of Rio de Janeiro. For this, we needed to identify the individuals elected for these positions. The main sources used in this mapping were publications of the editorials of the City Hall of Rio de Janeiro and electoral plates of newspapers subscribers. The Proceedings of the City Hall and the Decisions of the Executive gave a view about the path and the institutional routine of the justice of the peace, and the biographical dictionaries revealed data that show the prosopographic profile of the category. The disputes over the names for the justices of the peace became electoral campaigns on the press. The campaign had the participation of a part of the population that was allowed to vote, showing that way a weak exercise of citizenship. On the other hand, the complaints, protests, and processes, that came to the Department of Justice and to the Superior Court of Justice, denote clientele practices that help to understand the history of the justice of the peace in the city of Rio de Janeiro.