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The formation of the Brazilian Law in the 19th century: the jurisprudence of the Supreme Court of justice

Grant number: 18/21940-5
Support type:Research Grants - Visiting Researcher Grant - International
Duration: April 01, 2019 - May 31, 2019
Field of knowledge:Humanities - History - History of Brazil
Principal Investigator:Andrea Slemian
Grantee:Andrea Slemian
Visiting researcher: Carlos Garriga Acosta
Visiting researcher institution: Universidad del País Vasco (UPV), Spain
Home Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

The present project proposes to understand the jurisprudence of the Supreme Court of Justice in the Brazil Empire (1828-1888) by the analysis of the documents from the Supreme Archive (Brasília, DF), and even then not handled by historians in your original set. Its specific goal is to understand, on the one hand, the setting of the Brazilian legal system from the examination of the rationale in court: legislation/doctrine; prior legislation/legislation subsequent to the Independence; traditional/modern interpretation rules. On the other hand, the substantive content of the doctrine settled by the Supreme Court as regards the legal and political issues that corresponds to elucidate. Our hypothesis is that the substantial issues can revolve around the problem of citizenship, understood as relation of belonging to the political community and hence derived rights - fundamental key to taking acount to discuss the society formation in the Brazilian Empire. This project is linked to the realization of the Auxílio à Pesquisa (process number 2017/18137-3) currently developed by the proponent and financed by FAPESP. (AU)