ANALYSIS OF LEGAL ARGUMENTS OF CRIMINAL APPEALS REFERRED TO THE COURT OF RELATION OF RIO DE JANEIRO AGAINST DECISIONS OF THE PROVINCE OF ESPÍRITO SANTO BETWEEN 1820-1842
Name: PAULA FERNANDA MONTEIRO
Publication date: 22/11/2023
Examining board:
Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor |
Summary: This work seeks to analyze the legal organization of the Brazilian imperial period, morespecifically, the decisions of the province of Espírito Santo that were the subject of appeal and,therefore, sent to the Court of Appeal of Rio de Janeiro between 1820-1842. The aim is todiscuss the legal arguments used by lawyers in these criminal cases, in a reflection on theinfluence of the political context experienced, marked by Independence and Liberalism.Thus, we proceed to understand the structure and functioning of the Judiciary after the adventof Independence, examining the main studies on judicial organization in the 19th century, aswell as studies on the theory of legal argumentation and its importance in the progress of thecriminal process.Next, we draw a profile of the criminal appeals, identifying the location where the processestook place, the crimes committed, the characters involved, always in the light of the relevantbibliography.Finally, we turn to the analysis of the legal arguments found in the records collected, theinstitutes and premises evoked by the lawyers of the parties involved and how the legal cultureof the time was present in these allegations. To do so, we use the theory of legal argumentation,mainly regarding persuasion and rhetoric.Keywords: History of Law – Judicial organization – Brazil Empire – Court of relationship –Legal Culture – Legal Argumentation
