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Showing posts with label IHGB. Show all posts
Showing posts with label IHGB. Show all posts

15 September 2021

JOURNAL. Revista do Instituto Histórico e Geographico Brazileiro, nº 486. OPEN ACCESS.

 

(Source: https://www.ihgb.org.br/publicacoes/revista-ihgb/item/108747-volume-486.html)

Distrito diamantino: legislação e experiências desenvolvidas na mineração, 1734-1739 - Joelmir Cabral Moreira

The paper aims to discuss the scenario of diamond exploitation and the administrative order issued to the territory of Serro Frio district in the captaincy of Minas Gerais between 1734 and 1739. In short, the protection and special defense of the district were gradually established after diamonds had been found at the headwaters of the Jequitinhonha River. Territorial expansion and economic demands led to processes of space changes and, and as a result of such changes, political and administrative measures were implemented for the exploitation of diamonds, with the aim of getting closer to the particularities of this mining area. We aim to show how the territory was redefined and how its importance evolved in the period, pointing out the developments that brought about a new scenario, as mining became a consolidated activity in the region.

Reformas e iluminismo no mundo atlântico: o caso português - José Damião Rodrigues

One of the issues that has received increasingly more attention from different historiographies
has a long eighteenth century as its chronological frame, and, more specifically, the period from the mid to the end of the 18th century. It refers to the possible relationship between projects and reformist practices, on the one hand, and the set of ideas under the label of Enlightenment, on the other. In the Portuguese case, the reign of D. José I is generally presented as a decisive stage of the enlightened reforms. The period is viewed more in terms of rupture than of continuity, theformer bringing with it signs of “modernity” of the Enlightenment. From the perspective of the Atlantic world and, in particular, of the Portuguese Atlantic world, we discuss in the paper the relationship that is sometimes hastily made between eighteenth-century reforms andthe Enlightenment, especially those attributed to the Secretary of State Sebastião José de Carvalho and Melo, and the limits of the reforms.

Análise crítica da bibliografia memorialística sobre o ensino jurídico no período imperial (1827-1889): as "tradições e reminiscências" de Almeida Nogueira - Ariel Engel Pesso

The article provides a critical analysis of José Luís Almeida Nogueira’s work entitled A Academia de São Paulo: tradições e reminiscências, estudantes, estudantões, estudantadas, whose first edition was published in 9 volumes between 1907-12. The analysis traces back how the book was produced, the motivations of the author for writing it, examines its structure and raises further relevant questions. Our aim is to scrutinize if the book is a safe historical source for researchers on legal education in imperial Brazil, since it is commonly used in studies in the History of Law. We conclude that it is an important book for the history of the city of São Paulo and the São Paulo Law School as well as for the history of Brazilian politics and law. Bu it should be used with caution, as it presents the following problems: its sources and methodology are not always clear; it is difficult to check the veracity of facts; it focus only on figures close to the author and on “great names” of the Brazilian law; it lacks systematization; and, since it is an unfinished book, it presents gaps to be filled.

De CNT a TST: o processo institucional e normativo de criação da Justiça do Trabalho (1923-1945) - Maria Pia Guerra - Rafael Lamera Giesta Cabral

In addition to widely known factors, the creation of Labor Justice Courts in the Vargas regime resulted from negotiations between bureaucrats from the National Labor Council (CNT) and legal experts who guarded the boundaries of the judiciary. The article draws on documentatio from the CNT and the Supreme Court to identify three phases of conversion of the administrative body into a judicial one. We conclude that, in the process of institutional adjustment, political survival strategies were associated with normative parameters of justice stemming from a common legal culture. The socialization of law led to an expansion of the power of interpretation of the judiciary. In the world of law and judiciary, corporatism received contours linked less to class representation and more to access to justice and state control of the workers’ demands.

More information: https://www.ihgb.org.br/revista-eletronica/artigos-do-rihgb-486

27 April 2021

JOURNAL: Revista do Instituto Histórico e Geographico Brazileiro (OPEN ACCESS)

 


The Revista do Instituto Histórico e Geográfico Brazileiro, from Rio de Janeiro, one of the oldest historical journals in the world, has published its first number of 2021, with some papers of legal historical interest.

O DIREITO ADMINISTRATIVO E A EXPANSÃO DO ESTADO NA PRIMEIRA REPÚBLICA: NOTAS PRELIMINARES A UMA HISTÓRIA DA DOUTRINA ADMINISTRATIVISTA NO BRASIL | Airton Cerqueira-Leite Seelaender

CÂNDIDO MENDES DE ALMEIDA, HISTORIADOR DO DIREITO | Arnaldo Sampaio de Moraes Godoy

NOVOS CAMINHOS PARA O CÁRCERE: HUMANISMO PENITENCIÁRIO NO BRASIL OITOCENTISTA | Camila Similhana Oliveira de Souza


Source: https://www.ihgb.org.br/revista-eletronica/artigos-485.html 

 

15 January 2020

JOURNAL: Revista do IHGB 180 (2019), issue 481. OPEN ACCESS

Resultado de imagem para IHGB logo"

The Revista do IHGB (Journal of the Brazilian Historical and Geographical Institute), one of the oldest still running history journals in the western world (e. 1839) has published its last issue, with some articles that could interest legal historians:

A constituição castilhista de 1891 e as origens do constitucionalismo autoritário na república brasileira/The castrilhista constitution of 1891 and the origins of the authoritarian constitutionalism in the Brazilian republic (Argemiro Cardoso Moreira Martins, Francisco Rogério Madeira Pinto)
The present paper aims to deal with one of the matrices of Brazilian authoritarian legal discourse. It identifies in Júlio de Castilhos’ work (1860-1903), especially through the formulation of the 1891 July Constitution of the State of Rio Grande do Sul, the first manifestation of an institutional project that intends to establish the concentration of powers in the figure of the Executive’s chief. Based on the constitutional text, in Castilhos’ arguments and of his defenders, it is stated that the Gaucho Constitution laid the foundations of a deeply anti-liberal legal-authoritarian grammar. The objective is to analyze the main institutional innovations that Castilhos fostered to create an authoritarian constitutional model. The Gaucho Constitution emptied the Legislative Power through the subtraction of its own function of legislate, thus shifting the political representation itself to the figure of the President. In all, it ́s completely contrasting with the liberal notion of representation, centered on parliamentary debates and the separation of the powers. It is, therefore, a strongly anti- liberal political thought, victorious in its provincial authoritarian proposals and one of the inspirations for the practices that the whole country would experience in the “Estado Novo” (1937-1945).

As razões do direito administrativo na doutrina brasileira do século XIX (1857-1884)/The reasons of administrative law in 19th century Brazilian legal doctrin (1857-1884) (Walter Guandalini Junior)
This article aims to contribute to the understanding of Brazilian legal culture, by employing content analysis method to examine the “reasons” of 19th century Brazilian administrative doctrine. The investigation of Brazilian jurists’ quotations framework allowed to observe which were the sources of administrative law at the time, what type of dialogue the legal erudite knowledge established with other fields of public law, what kind of relationship it had with foreign and pre-modern legal culture, and what differences it had in relation to private law. At the end it was possible to perceive that the main source of Brazilian administrative law in the period was positive legislation, which reflects the functions attributed to the discipline by a transitional legal culture.
Poder e punição através da clemência: o direito de graça entre direito constitucional e penal na cultura jurídica brasileira (1824-1924)/Power and punishment through clemency: pardon between constitutional and criminal law in the Brazilian legal culture (1824-1924) (Arthur Barrêtto de Almeida Costa)
Pardon is an institute that frontally contradicts legalism, by allowing the intrusion of a discretionary power in criminal law. However, it was kept in nearly all Latin-American and European countries during the 19th century. This paper aims to understand how and why this happened in Brazil. We analyzed works in constitutional and criminal law, with the support of newspapers and registers from the State Council. Three main arguments could be identified as justification for the existence of imperial mercy: conciliation of the abstract law with concrete justice; atonement of convict’s guilt and correction of legal flaws. There was a forth and peripheral argument: rewards for services to the State. Legal flaws corrected through pardon were the harshness of the June 10th of 1835 act on slave crimes repression; problems with the appeal review (recurso de revista); and the delay in death penalty abolishment. Criticism to pardon was minimum. With the emergence of the republic, some roles of executive clemency were taken by parole and criminal review (revisão criminal). Criticism grew, but was still marginal. It is possible to see, throughout the 19th century, an increasing distance between pardon and constitutional law and its approximation to criminal law. It is also possible to say that executive mercy suits Brazilian legal culture of the 19th century well. Some reasons are: its connection to the pouvoirmoderateur, a favorable international context and its usefulness in correcting legislative flaws.
More information: https://www.ihgb.org.br/revista-eletronica/artigos-481.html