A judicialidade conservadora nos debates sobre os fundamentos para a abertura dos cursos jurídicos no Brasil - 1823-1827

• Autor(a) principal: Nishikawa, Taíse Ferreira da Conceição
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/21242
• topic: Direito - Estudo e ensino - Brasil - História; Despotismo; Liberalismo; Escolas de direito; Law - Study and teaching - Brazil - History; Despotism; Liberalism; Law schools; CNPQ::CIENCIAS HUMANAS::HISTORIA

This study focuses on the formation of the first generation of magistrates who figured in the political scene in Brazil, in the first phase of its autonomy from 1822 and the first legal Courses open in Brazil in 1827 and their respective statutes. Because those who shared in his youth a academic enlightenment, based in the tradition of the University of Coimbra are those who operate in the Constituent Assembly in 1823, as well as are those who draw up the design of the opening up of legal courses in 1825, debated after the reopening of the legislative power in 1826 and adopted in 1827. In the last 15 years to accompany the increase of studies that point to analyzes of Brazil in the 19th century, the political implications of the presence of the Portuguese court in Rio de Janeiro, the breakdown of unity between the kingdoms and the historical formation of the first and second reigns. In this research we take the first reign not as a transitional period to agonized until the abdication of the Portuguese monarch. But as a situation from a confrontation between traditional forces, whose practices identified with the Ancien Régime, and reforming forces imbued with liberal ideals. This is the moment where he founded the whole building cool and the institutions of the Brazilian National State, and, in relation to the political powers founded, remained a climate of disputes around the sovereignty and representation of the nation. We performed the analysis of the opening up of legal Courses, former colony's claim and the kingdom of Brazil, and the dialog conducted with the legacies of modernity portuguesa when the drafting of the Statute which guided the first legal courses in Brazil, since 1827, we have an inspiration affects pensioners to the Statutes of the University of Coimbra. We also propose the study on the Portuguese illustration of the late 18th century who starred in the period of reforms in the administration undertaken by Sebastião Carvalho e Mello, Marquês de Pombal. We localized, more specifically, the reform of the Statutes of Legal courses of the University of Coimbra, marks on the modernisation of the Portuguese kingdom linked to the maintenance of the mercantile system, to force the catalyst of the catholic religion and the centrality of the monarchy in the absolutist regime. We believe that the deepening of the study regarding the first reign, in terms of its political and institutional aspects, such as the proposals for the opening of upper-level courses and universities, allow an increase in the historiography that dedicates itself to studies of 800 both in the national context, and also in the Latin American context, given the specific nature of the independence of Brazil. The analysis of the first legal courses in Brazil will demonstrate the ambiguities and tensions that have marked the construction of the Imperial State and the consolidation of proposals that dialog with the ways considered ancient and modern thinking about politics and power