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| Author(s): |
Bruno Henrique Soares
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Franca. 2019-11-25. |
| Institution: | Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca |
| Defense date: | 2019-10-30 |
| Advisor: | Ricardo Alexandre Ferreira |
| Abstract | |
The present work analyses the relationship amongst the legislative traditions, firstly portuguese and then brazilian at a later moment, regarding rape and abduction offenses and the registered cases, judged and convicterd, or not, in the city of São Paulo in force of the Criminal Code of the Empire of Brazil. First criminal code of Independent Brazil, elaborated with the objective of superseding the criminal legislation inherited from the old mainland, considered by the nineteenth century thinkers to be inapplicable to the new national reality, the new Code has kept, however, continuities and ruptures with the Portuguese tradition about rape and abduction. Modification in the wordings, penalties and the possible victims and perpetrators were made. With the promulgation of the Criminal Procedure Code, in 1832, new validating procedures in the investigation and prosecution of criminals emerged. However, the defense of honor and moral differentiation between potential victims kept on guiding the legislation, while the concept of violence was enlarged, also taking into consideration threats and horror suffered by the victim as aggravating elements of culpability to the accused. Despite the new legislation and the expansion of the judiciary, police and judicial sources indicate that these offenses, which occurrence was deemed common by contemporaries, continued to be the subject of little judicialization. In compliance with the main legislations and some complementary decrees, the few reported and prosecuted cases in the nineteenth century city of São Paulo suggest levels of concern and expediting expert diligences and police and judicial authorities in the investigation of crimes, flexibilities and irregularities in assembling the pieces that made up the criminal proceedings, different alleged motivations for offenses, perception changes concerning violence, concerning esteem of honor, concerning different personal stances and of society itself in face the defendant, victims and witnesses reports,as well as defense and prosecution strategies. (AU) | |
| FAPESP's process: | 17/04258-3 - Regulation and transgression: free and slave women and sexual offenses in the nineteenth century (São Paulo 1830-1888) |
| Grantee: | Bruno Henrique Soares |
| Support Opportunities: | Scholarships in Brazil - Master |