Full text
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| Author(s): |
Vivian Chieregati Costa
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Instituto de Estudos Brasileiros (IEB) |
| Defense date: | 2013-09-23 |
| Examining board members: |
Monica Duarte Dantas;
António Manuel Botelho Hespanha;
Ivan de Andrade Vellasco
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| Advisor: | Monica Duarte Dantas |
| Abstract | |
This thesis proposes a historical-juridical study of the Brazilian Imperial Criminal Code (Código Criminal do Império do Brasil), approved in December 16th, 1830. Frequently interpreted as a liberal document hastily elaborated and artificially imposed upon the Brazilian society, the Criminal Code of 1830 has been neglected by national historiography. To try to unveil the complexity of the juridical and political choices and maneuvers involved in its composition, I analyze in detail the parliamentary process of proposal and approval of this document (focusing on the legislative debates and the legislative commissions committed to its elaboration), aiming to relate its content to the western codification movement that started at the turn of the 18th century. The scope of my analysis goes beyond the analysis of the projects for the criminal code presented to the Brazilian legislative by José Clemente Pereira and Bernardo Pereira de Vasconcelos between 1826 and 1827, in order to produce a careful comparison between the content of such projects and the final text of the approved criminal code. The present thesis also includes a detailed comparison between the Code of 1830 and the contents of ten codes or projects of penal codification available in the western world at the time. Using the aforementioned documental corpus and bearing in mind the political situation contemporary to the approval of this code, the research has revealed the relations between penal law and politics during the First Reign (Primeiro Reinado), articulating the juridical statements embedded on the Code of 1830, and social-political particularities specific to the moment of its approval, with different projects regarding the States organization, prospects of justice and citizenship expected by the nations representatives. Imbedded in and influenced by a large-scale international movement and based on extremely modern juridical conceptions, the proposition of penal laws in the Brazilian Empire was connected to the configuration of the new national State and to the desire of its representatives to conform a new reality. (AU) | |
| FAPESP's process: | 10/13747-9 - Codification and formation of the brazilian nation-state: the 1830s penal code and the positivation of law in the aftermath of independence |
| Grantee: | Vivian Chieregati Costa |
| Support Opportunities: | Scholarships in Brazil - Master |