{"title":"O processo de anistia aos bispos da Questão Religiosa: Historiografia, Direito Constitucional e Diplomacia","authors":"Jefferson de Almeida Pinto","doi":"10.15175/1984-2503-20168301","DOIUrl":"https://doi.org/10.15175/1984-2503-20168301","url":null,"abstract":"This article considers the year 1875 and the debate among members of the imperial political camp on a possible amnesty for bishops involved in the so-called “Religious Question” in the 1870s. Based on various texts on the subject driven by a central antithesis of “Freemasonry versus Ultramontanism”, which was the main theme of political-religious conflicts at the time, we examine this state of affairs by considering the response by imperial diplomacy, and fundamentally, the logic of constitutional law, with the debate related in records for the Council of State and other sources, both prior to and during the most tense years of the “Religious Question”.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"426-451"},"PeriodicalIF":0.0,"publicationDate":"2016-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67314235","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"O primeiro Ato Institucional: Carlos Medeiros Silva e o STF no pós-Golpe de 1964","authors":"Mateus Gamba Torres","doi":"10.15175/1984-2503-20168304","DOIUrl":"https://doi.org/10.15175/1984-2503-20168304","url":null,"abstract":"Constitutional Act Number 1 established the first repressive guideline to legislatively protect the 1964 coup and the authoritarian attitudes adopted by the military forces after overthrowing Joao Goulart. Lawyers such as Carlos Medeiros Silva, along with ministers from the Supreme Federal Court (STF), pored over the new legislation during the period, appearing as it did within the Brazilian legal framework and modifying the Constitution. Support from the Constitutional Court for the coup was fundamental to the inclusion of the institutional act in the Brazilian legal system. Methodologically speaking, we employ the perspective of Pierre Bourdieu’s legal field, with characteristics related to its debate on institutional autonomy and the monopoly of the truth, analyzing press, biographies and legal articles developed by Carlos Medeiros da Silva that justified the granting of Institutional Acts by the dictatorship and their inclusion in the Brazilian “legal system”.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"489-505"},"PeriodicalIF":0.0,"publicationDate":"2016-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67314248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Indisciplina, vigilância e produção da ilegalidade na cidade-corte do império do Brasil (décadas de 1820 e 1830)","authors":"Luciano Rocha Pinto","doi":"10.15175/1984-2503-20168202","DOIUrl":"https://doi.org/10.15175/1984-2503-20168202","url":null,"abstract":"In the Empire of Brazil’s city-court (Rio de Janeiro), a concern with order produced a series of daily interventions by public authorities aiming to target indiscipline. The Termos de Bem Viver [Terms for Living Well] agreed upon at the Police Intendancy and the City Council’s Registros de Infracao de Posturas [Records of Violations of the City Code] suggest an urban space marked by punishment and disciplinary techniques. This article seeks to reveal the resistance and the discrepancy between the punitive powers and the crimes committed in order to highlight the generalization inherent to the supervisory perspective, where even those monitoring are monitored by others.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"233-251"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Migrações internacionais (Soberania, Direitos Humanos e Cidadania)","authors":"M. M. M. Costa, Patrícia Thomas Reusch","doi":"10.15175/1984-2503-20168204","DOIUrl":"https://doi.org/10.15175/1984-2503-20168204","url":null,"abstract":"The subject of international migration is complex, with current migration flows attracting widespread media attention and interest by researchers. Despite this, migrants are foreigners who are still viewed as posing a threat to national security. A wide-ranging reflection is therefore required in order to address questions on migration and the guaranteeing of human rights as well as state sovereignty. This article makes several contributions on modern-day migration flows, placing a particular emphasis on the situation of refugees in light of state sovereignty, Human Rights and concept of citizenship.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"275-292"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dostoiévski, Machado de Assis e o “Que fazer” do fim da servidão e da escravidão","authors":"A. Pereira","doi":"10.15175/1984-2503-20168207","DOIUrl":"https://doi.org/10.15175/1984-2503-20168207","url":null,"abstract":"Modernization projects in nineteenth-century Russia and Brazil coexisted with the legacies of servile work and slavery. While in Russia part of the intelligentsia reacted to the Emancipation by means of the conveying of revolutionary proposals – such as those outlined in the novel “What Is to Be Done?” by N. Chernyshevsky – in Brazil a sector of the intellectual elite became engaged in the propagation of racialist and conservative theories. In a period of redefinitions and the emergence of various future projects and perspectives appreciative of the past, two of the biggest names in literature in both countries – Machado de Assis and Dostoyevsky – formulated literary expressions on the historical contexts in which they were inserted, marked as they were by the abolition of slavery and servile work, respectively. By means of his literary and journalistic output, Dostoyevsky became involved in controversial exchanges with the intellectual left and its support for direct action, known as they were as Russian “nihilists”. Machado de Assis argued with those supporting modernization promoting exclusion, based on biologizing notions and their application to society. Both authors left criticism and literary works on the consequences of different abolitionist process.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"331-354"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legislação e Políticas Públicas voltadas à Imigração no Brasil","authors":"Luiz Orencio Figueredo, J. H. Zanelatto","doi":"10.15175/1984-2503-20168203","DOIUrl":"https://doi.org/10.15175/1984-2503-20168203","url":null,"abstract":"Studies on the subject of migration have become increasingly complex, establishing a set of approaches on the topic derived from the diversity of the factors involved, such as interests, priorities and perspectives, in a context which has become characterized by the sheer intensity of human mobility. With Brazil having attracted the interest of a large number of migrants due to its economic growth in recent decades, a growing number of studies and research projects have been conducted into the phenomenon. According to recent studies and publications, it may be observed that Brazilian companies have shown an interest in contracting migrant workers, due to the lack of availability of a local workforce resulting from the full employment registered in Brazil as of the beginning of the twenty-first century. This article contextualizes the legislation for immigrants and discusses Brazil’s position on the implementation of public policies designed to meet the interests of its incoming immigrants.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"252-274"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sobre la fundamentación de las sentencias y el arbitrio judicial: un recuento de la larga marcha hacia la codificación en la Ciudad de México, siglo XIX","authors":"G. Flores","doi":"10.15175/1984-2503-20168201","DOIUrl":"https://doi.org/10.15175/1984-2503-20168201","url":null,"abstract":"Criminal justice in courts of ordinary jurisdiction underwent a significant shift in the nineteenth century as it adapted to the demands of modernization and broke away from the former bases to have underpinned it, such as judicial discretion, a power that allowed judges to decide a case without stating the legal grounds for the decision. In Mexico City, a similar shift featured three stages characterized by the implementation of the demand for legal grounds and the accurate application of the law, with both of these aspects reinforced and facilitated by the Law of January 5, 1857, and later the 1871 Penal Code.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"206-232"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"O racismo em Monteiro Lobato, segundo leituras de afogadilho","authors":"Aluizio Alves Filho","doi":"10.15175/1984-2503-20168208","DOIUrl":"https://doi.org/10.15175/1984-2503-20168208","url":null,"abstract":"This article is focused on recent debate on the works of Monteiro Lobato, analyzing the arguments outlined in three texts to have appeared in related publications as of 2010, with one article published in an academic journal (Dados) and two published in weekly publications sold at newspaper kiosks (Carta Capital and Bravo). The arguments sustained deconstruct Monteiro Lobato’s literary production, removing it from the pantheon of national names and reducing it to the label of ‘eugenist/racist’. The article highlights the qualitative differences between taking the work, contribution and thoughts of an author as a systematic object of study and the approaching of such questions in haste due to circumstantial pressures, conducting what in effect are superficial readings. In terms of methodology, the analysis is based on research instruments of a historical-sociological nature.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"355-407"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67314138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sociedade de risco e desamparo: enchente do Rio Madeira","authors":"Maria Jarina de Souza Manoel","doi":"10.15175/1984-2503-20168206","DOIUrl":"https://doi.org/10.15175/1984-2503-20168206","url":null,"abstract":"This work discusses social, political, and economic organization in contemporary society, also known as ‘postmodern’, ‘risk’ or ‘post-industrial’. Its point of departure is the flooding of the Rio Madeira river and the consequences for those left homeless, in terms of the need to implement public policies minimizing losses/damages. An analysis is therefore conducted on social organization and the risks derived from economic and technological development, the new risks and their associated paradoxes, with a brief report given on sedimentation in the river and its flooding. Finally, the article also focuses on the importance of the provision of socio-emotional support to those affected by disasters.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"308-330"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67313930","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"O positivismo como cultura","authors":"Vera Malaguti Batista","doi":"10.15175/1984-2503-20168205","DOIUrl":"https://doi.org/10.15175/1984-2503-20168205","url":null,"abstract":"This article discusses positivism during the implantation of the Brazilian Republic at the turn of the twentieth century, highlighting the medical discourse that pathologized Africans, Afro-Brazilians and indigenous groups. Conceived in the eighteenth century and strengthened in the nineteenth century, this discourse meant that by the turn of the twentieth century, former slaves had been transformed from objects of work into objects of science (Nina Rodrigues, Roberto Lyra). Crowning abolitionism, positivism was mediated by a process defending the whitening of the Brazilian population. A long time in the making, it fed on the mechanisms of objectification and verticalization, as well as the Encylopedie’s updated classification, to form a strand of biological determinism that spread from the physical to the social sciences, without becoming distanced from theology. This knowledge was harnessed in the European conquest, substituting theological arguments for scientific arguments in the legitimization of colonial rule","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"8 1","pages":"293-307"},"PeriodicalIF":0.0,"publicationDate":"2016-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67314230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}