O Supremo Tribunal de Justiça e a formação da jurisprudência processual criminal no Brasil imperial (1829-1841)
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Data
2025-01-01
Autores
Carlete, Juliana Barbosa
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Universidade Federal do Espírito Santo
Resumo
This dissertation analyzes the performance of the Brazilian Supreme Court between 1829 and 1841, focusing on the formation of criminal procedural jurisprudence in Imperial Brazil. The research investigates the legal admissibility criteria of the review appeal - manifest nullity and notorious injustice. The study is based on the hypothesis that the Supreme Court of Justice played a significant role in consolidating a national legal system, while also assessing whether such legal grounds were effectively observed in the rulings or rhetorically mobilized to support the subjective positions of the justices, detached from strict legal reasoning. An empirical methodology is adopted, based on content analysis of 969 decisions issued by the Court during the defined period. Initially, a historical mapping of the institutional influences that shaped the model of the Brazilian Supreme Court is conducted, highlighting the Portuguese “Casa da Suplicação” and the French “Cour de Cassation”. Subsequently, a statistical analysis of the Court's case law is developed. Finally, Laurence Bardin’s content analysis method is applied to examine the legal reasoning employed in the decisions, with special attention to the interpretation of the concepts of manifest nullity and notorious injustice, which serve as admissibility requirements for the review appeal. The study reveals that, despite the absence of precise legal definitions for these concepts, the Supreme Court of Justice developed interpretative practices that brought relative stability to its jurisprudence. Thus, it was found that, during the analyzed period, the Court operated both as a body of legal control and as an agent of unification of the imperial judicial system. In this context, the research offers an original contribution to the history of Brazilian criminal procedural justice by systematizing and interpreting the functioning of a court still largely unexplored by legal historiography, shedding light on the structural aspects of 19th-century legal culture and the institutionalization of criminal procedural law in Brazil
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Supremo Tribunal de Justiça , Recurso de revista , Nulidade manifesta , Injustiça notória , Jurisprudência criminal , Brasil Império , Supreme Court of Justice , Appeal for review , Manifest nullity , Notorious injustice , Criminal jurisprudence , Imperial Brazil