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CODIFICAÇÃO, RECODIFICAÇÃO, DESCODIFICAÇÃO? UMA HISTÓRIA DAS DIMENSÕES JURÍDICAS DA JUSTIÇA NO BRASIL IMPERIAL A PARTIR DO CÓDIGO DE PROCESSO CRIMINAL DE 1832 - DOI: 10.12818/P.0304-2340.2019v74p135

2019; Issue: 74 Linguagem: Inglês

10.12818/p.0304-2340.2019v74p135

1984-1841

Diego Nunes,

Brazilian Legal Issues

The work aims to analyze the process of codification of Brazilian procedural law in light of a history of the legal dimensions of justice in Brazil Empire.The goal is understand the elements of autonomy of Law, present in the national legal culture of the 19th century.The set of sources to be addressed will be the parliamentary acts that resulted in the Code of Criminal Procedure of 1832, the handbooks on the Code of Criminal Procedure, the laws that reformed it and the special laws that surrounded it.Still, a more accurate revision of the political and social historiography already produced will be made in order to verify points of convergence with the perspective of the History of Law and answer in an innovative way the rise and fall of some legal institutions.As results it was verified limits e possibilities in the process of codification in the XIX century Brazil and the position of Code of Criminal Procedure of 1832, the cultural translation of jury and habeas corpus to the Brazilian imperial law and the role of lay judges in the conformation of a "[criminal] citizen justice".