Sob o império da lei : a atuação dos juízes municipais na comarca do Recife (1841-1850)

Abstract

This study aims to analyze the performance of municipal judges in the district of Recife (covering places of Olinda, Igarassu and Recife) between the years of 1841, period in which it was reworked the Code of Criminal Procedure Empire until 1850, in which participants were judged Praieira Revolt. Their duties in the legal environment, relationships with other law enforcement professionals, political engagement, and participation in judicial reforms in the Empire were some of the points analyzed. The idea is to put the judges in the midst of the questions that somehow influenced the functioning of institutions. Among the historical sources used include the Criminal Code 1830, the Code of Criminal Procedure, 1832 and amendment of the Criminal Procedure Code in 1841. Besides these, were also analyzed the codices of the State Public File Emerenciano Jordan (APEJE) on municipal judges and several newspapers that were published at the time - among the main Diário de Pernambuco and the Diário Novo. In general, we intend to treat the law on the perspective of judges without departing from the historical perspective. Understanding the applicability of justice and the evolution of law before a traditional society that was still stuck to the laws of former metropole. It was a new standard deployed in locations that often made their way to justice and the State would need the help of the new legal practices to become more legitimate. Moreover, recent legal ordinances were put into evidence during the Revolt Praieira. We intend to also report that in this time of great political and social happenings, many municipal judges assumed their political position and ended up being protagonists of several episodes that preceded and followed the events of 1848 and 1849.