Full text
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| Author(s): |
Ariel Engel Pesso
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2023-02-28 |
| Examining board members: |
Jose Reinaldo de Lima Lopes;
Gustavo Angelelli;
Samuel Rodrigues Barbosa;
Christian Edward Cyril Lynch;
Rafael de Bivar Marquese;
Patrícia Valim
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| Advisor: | Jose Reinaldo de Lima Lopes |
| Abstract | |
This dissertation analyzes the relationship between Law Schools and Slavery in Brazil in the nineteenth-century by examining the legal thought of the period (1827-1888) present in textbooks and compendia used in the disciplines of Natural Law and Political Economy. Historiography tends consider the São Paulo Law School and the Olinda Law School (transferred to Recife in 1854), in an ambivalent and ambiguous way, since both supporters of the slavery regime and supporters of the emancipation and abolition of it were graduated there. Thus, this dissertation seeks to answer whether law schools played a role in the theoretical foundation of the servile element and, if so, what was their contribution. In this sense, the main objective is to verify the relationship established between such institutions and the servile regime, from a theoretical point of view, especially regarding the justification and legitimation of African slavery in nineteenth-century Brazil. The secondary objectives are to analyze the ideas available and mobilized by Brazilian jurists of the nineteenth-century and to map the content taught in the classroom. Therefore, the analysis focused on the subjects belonging to the curriculum of legal courses, focusing on two of them: Natural Law and Political Economy. This option is justified by their common origin in the eighteenth-century, their role in the first systematic criticism of colonial slavery and their use in the discussion about emancipation and abolition of slavery in Brazil. As to the methodological aspects, the historical method is applied, mobilizing the theoretical and methodological instruments inherent to the Legal History field. The methodology used falls within the framework of intellectual history, which combines both institutional history and the history of legal thought. The materials used concern primary and secondary sources, the main primary sources analyzed being the manuals and compendia, that is, doctrinal works effectively employed in the classroom (that is, used or recommended by the lens) and used as a means of study by the students. In conclusion, we point out in the first place a divergence between theory and practice in the Law Schools: from a theoretical point of view, the majority of the professors were opposed to it, invoking arguments of a political, moral, legal and economic nature; from a practical point of view, however, in their private lives, students and professors owned slaves, and in public life, in the various positions they occupied, they recognized the evils of the servile regime, but made concessions because of what it represented for the national economy. Second, it can be seen that the theoretical repertoire of Natural Law and Political Economy served to justify and legitimize slavery in Brazil. Third and finally, the question of official ideology transmitted by legal courses must also be nuanced, for while the elite opted for silence, law professors taught that the servile element was contrary to natural rights and the country\'s economy. (AU) | |
| FAPESP's process: | 19/04345-9 - Law schools and slavery in Brazil (1827-1888): Natural Law and Political Economy in the legitimation of the `servil element´ |
| Grantee: | Ariel Engel Pesso |
| Support Opportunities: | Scholarships in Brazil - Doctorate |