Da Luisiana para o Brasil: Edward Livingston e o primeiro movimento codificador no Império (o Código Criminal de 1830 e o Código de Processo Criminal de 1832)

– On 1830 and 1832 the Brazilian legislature passed the first codes of the country, the Criminal Code and the Code of Criminal Procedure. Scholars have since mentioned constantly those diplomas whenever discussing legal or political history, but not many have devoted themselves to the study of its contents, the history of their propositions and approvals (in the House and Senate), and foremost to their specificities as related to foreign projects and codes, available then to the country’s representatives. In this article I discuss the importance of Edward Livingston’s projects of a Penal Code and a Code of Procedure regarding the final contents of both Brazilian diplomas. In order to do so, I take into account not only Livingston’s oeuvres, but also how Brazilians came in contact with the Plan and the Codes he wrote to the Louisiana legislature. “The Chambers are now engaged revising the criminal laws of this country and I believe have selected Livingston’s criminal code as basis. The Minister of Foreign Affairs, who is a member of the Chamber of Deputies, and one other member have requested me, to procure them copies of that work in French; which I have sent for.” [Carta do Cônsul dos Estados Unidos no Rio de Janeiro, William Wright, ao Secretário de Estado norte-americano, Martin Van Buren. Rio de Janeiro, 10 de Julho de