The procedure of maintenance of freedom in nineteenth century Brazil
In nineteenth century Brazil, the social meaning of to “live on one’s own”, once it reached the courts of justice, was translated into legal terms. The social conflicts thus acquired a legal language based on juridical theories of possession. Despite the fact that “living on one’s own” had been invo...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2016 |
| País: | Brasil |
| Institución: | Fundação Getulio Vargas (FGV) |
| Repositorio: | Estudos Históricos (Rio de Janeiro) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.fgv.br:article/61242 |
| Acceso en línea: | https://periodicos.fgv.br/reh/article/view/61242 |
| Access Level: | acceso abierto |
| Palabra clave: | slavery judicial procedure possession maintenance of freedom. escravidão processo judicial posse manutenção de liberdade. |
| Sumario: | In nineteenth century Brazil, the social meaning of to “live on one’s own”, once it reached the courts of justice, was translated into legal terms. The social conflicts thus acquired a legal language based on juridical theories of possession. Despite the fact that “living on one’s own” had been invoked in courts since at least the 18th century, the analysis of 270 lawsuits shows that the “maintenance of freedom” lawsuits emerged as a specific judicial procedure in the 1840s. These procedures were shaped by judicial practice and their construction was linked to a broader context of institutional and legal “modernization”. |
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