3ª Aula do Texto: “A Vida Política”, de José Murilo de Carvalho.
Introduction and Context
The speaker greets the audience and mentions their hope for everyone to be engaged in the discussion about Brazil's project. They refer to a previous class where they discussed the polarization between two power blocs after Brazil's independence.
Introduction
- The speaker greets the audience and expresses their hope for continued engagement in discussing Brazil's project.
- Refers to a previous class where they discussed the polarization between two power blocs after Brazil's independence.
Polarization of Power Blocs
The speaker discusses the polarization between two major power blocs in Brazil - one associated with the executive and imperial power, and another influential group of liberal radicals in parliament.
Polarization of Power Blocs
- Two major power blocs emerged in Brazil - one associated with executive and imperial power, and another influential group of liberal radicals in parliament.
- These groups engaged in a struggle for sovereignty, with one side aiming to centralize power within parliament.
- The polarization intensified after independence and continued to grow throughout the 1830s.
Abdication of Emperor Pedro I
The speaker discusses how Emperor Pedro I's abdication led to a legitimate transfer of sovereignty to his son, Pedro II. A regency was established to govern on behalf of the young emperor.
Abdication of Emperor Pedro I
- After Emperor Pedro I abdicated, sovereignty was effectively transferred to his son, Pedro II.
- A regency was established to govern on behalf of Pedro II.
- The regency initially consisted of three individuals but later became a permanent trina regency.
- Despite having a legitimate government representing Pedro II, it lacked sufficient strength compared to an independent government.
Political Forces and Power Struggles
The speaker discusses the intense power struggles and political forces that emerged after Emperor Pedro I's abdication, leading to a turbulent period in Brazil's history.
Political Forces and Power Struggles
- Various political forces engaged in intense power struggles during this period.
- Conservative and centralizing forces supported the emperor, while liberal factions aimed to shift power towards parliament.
- The 1830s marked a decade of profound turbulence and agitation, with the risk of the country imploding.
- Revolts, insurrections, and separatist movements erupted across different regions of Brazil.
Fragile Governance and Liberal Project
The speaker highlights how the fragile governance conditions created an opportunity for the development of a liberal project in Brazil during the 1830s.
Fragile Governance and Liberal Project
- The fragile governance conditions provided an opportunity for various political forces to pursue their projects.
- Both conservative centralizers and liberal factions saw an opening for their respective ideologies.
- A liberal project began to take shape in Brazil during this time.
- This project aimed to establish a truly liberal system by challenging authoritarianism and concentration of power.
Risky Decade for Brazil
The speaker emphasizes that the 1830s were a risky decade for Brazil due to revolts, insurrections, wars, and separatist movements. They briefly mention interruptions made in previous classes regarding these internal conflicts.
Risky Decade for Brazil
- The 1830s were marked by significant turmoil, including revolts, insurrections, wars, and separatist movements.
- This period was considered highly precarious for Brazil's stability.
- The speaker mentions briefly interrupting previous classes to discuss these internal conflicts.
Liberal Project and Reform
The speaker discusses the emergence of a liberal project in Brazil during the 1830s, which led to significant reforms. They mention the first step of this project being the Criminal Code of Bernardo Pereira de Vasconcelos.
Liberal Project and Reform
- A liberal project began to take shape in Brazil during the 1830s.
- This project aimed to challenge authoritarianism and concentration of power.
- The first step of this project was the implementation of the Criminal Code by Bernardo Pereira de Vasconcelos in 1830.
Three Pillars of Liberal Project
The speaker mentions three key pieces that formed the foundation of Brazil's liberal project - the Criminal Code, the Criminal Procedure Code, and the Additional Act. They express their intention to discuss these pillars further.
Three Pillars of Liberal Project
- The three key pieces that formed the foundation of Brazil's liberal project were:
- Criminal Code (1830) by Bernardo Pereira de Vasconcelos.
- Criminal Procedure Code (1832).
- Additional Act (1834), which was a reform to Brazil's constitution.
- The speaker expresses their intention to discuss these pillars in more detail.
Discussion on Codes and Additional Act
The speaker intends to discuss two other pillars of Brazil's liberal project - the Criminal Procedure Code (1832) and the Additional Act (1834).
Discussion on Codes and Additional Act
- Two additional pillars of Brazil's liberal project are:
- Criminal Procedure Code (1832).
- Additional Act (1834), a reform to Brazil's constitution.
- The speaker aims to provide further insights into these two pillars.
Context of Criminal Procedure Code
The speaker discusses the context in which the Criminal Procedure Code of 1832 was developed, following Emperor Pedro I's abdication and a more relaxed political environment.
Context of Criminal Procedure Code
- The Criminal Procedure Code of 1832 was developed after Emperor Pedro I's abdication.
- It was promulgated in a more relaxed political environment compared to the time of the Criminal Code.
- This code aimed to build upon the changes proposed by Bernardo Pereira de Vasconcelos' Criminal Code.
Manuel Alves Branco and Liberal Project
The speaker introduces Manuel Alves Branco, who played a significant role in developing the Criminal Procedure Code. They mention that this code advanced the liberal project further than the previous Criminal Code.
Manuel Alves Branco and Liberal Project
- Manuel Alves Branco, also known as Marquês de Caravelas, played a significant role in developing the Criminal
The Evolution of the Brazilian Legal System
This section discusses the evolution of the Brazilian legal system, specifically focusing on the Code of Criminal Procedure and its impact on the judicial system.
The Code of Criminal Procedure
- The Code of Criminal Procedure introduced significant changes to the Brazilian legal system.
- It abolished various judicial positions and jurisdictions that were not specified in the constitution.
- The new system emphasized liberal principles, such as the introduction of trial by jury and habeas corpus.
- Judges of peace played a crucial role in implementing these liberal reforms.
Impact on Judicial Dynamics
- The Code of Criminal Procedure restructured the judicial landscape in Brazil.
- It established new courts, including the Supreme Court, Courts of Appeals, Ecclesiastical Courts, and Military Courts.
- These changes reflected a shift towards a more liberal and centralized legal framework.
Role of Judges
- Judges were appointed by the emperor and held their positions for life.
- They replaced judges from outside (juízes de fora) and became vital figures in local municipalities.
- However, their appointment process remained centralized and tied to political power.
Judicial Power Decentralization
- Despite some aspects indicating centralization, such as judges being appointed by the emperor, there was also decentralization within the judiciary.
- Judges had to be law graduates with at least one year of practical experience in court proceedings.
- They presided over important institutions like trial by jury, which played a crucial role in judging local elites accused of crimes against imperial security.
Conclusion
The Code of Criminal Procedure brought about significant changes to Brazil's legal system. While it introduced liberal reforms such as trial by jury, it also maintained elements of centralization through appointments made by the emperor. Overall, it marked an important step towards a more liberal project for Brazil's legal framework.
Prática do dia de lá das províncias
This section discusses the power dynamics and centralization of authority in the provinces and municipalities. It explains how judges are appointed and their roles in the judicial system.
Judges in the Municipalities
- Judges of law (juízes de direito) preside over the jury trials but do not choose its members.
- Municipal judges (juízes municipais) can replace judges of law if necessary.
- Municipal judges are appointed by the president of the province, who is appointed by the emperor.
- The appointment process involves selecting from a tripartite list presented by local elites.
- Municipal judges serve a three-year term and can be removed at the end of their term.
The Criminal Code of 1832
This section highlights advancements made in Brazil's liberal project through the Criminal Code of 1832. It introduces juntas de paz (peace courts) and their functions.
Juntas de Paz (Peace Courts)
- Juntas de paz were established by the Criminal Code of 1832.
- Composed of five justices, they had both policing and jurisdictional functions.
- They handled minor conflicts related to municipal infrastructure and everyday disputes.
- Juntas de paz gained additional responsibilities, including supervising police investigations conducted by delegates.
- They had jurisdiction over summary proceedings for crimes punishable with up to six months imprisonment or fines up to 100,000 réis.
Juízes de Paz (Justices of Peace)
This section provides further insights into juízes de paz (justices of peace), their roles, and election processes.
Roles and Functions
- Justices of peace were responsible for resolving small conflicts and overseeing municipal affairs.
- They were often appointed as tutors for children in case of parental death or absence.
Election Process
- Justices of peace were elected by members of the local council (Câmara Municipal).
- The power was concentrated in the hands of local elites, who selected candidates for election.
Power Dynamics and Centralization
This section emphasizes the centralization of power in both the central government and local elites, highlighting their influence over judicial appointments.
Delegates and Juntas de Paz
- Delegates were subordinate to justices of peace and conducted police investigations under their supervision.
- Juntas de paz had jurisdiction over summary proceedings, giving them significant authority.
Appointment Process
- Justices of peace were elected by members of the local council (Câmara Municipal).
- Candidates for justiceship were chosen from a tripartite list presented by local elites.
- The chosen justice represented the interests of the local elite but served a three-year term only.
These notes provide an overview of key points discussed in the transcript.
A Different Logic Behind It
The speaker discusses a different logic behind a certain topic.
Understanding the Logic
- The speaker mentions that there is a different logic behind the topic being discussed.