Magistratura Eleita

administração política e judicial no Brasil (1826-1841)

Abstract

This paper discusses the creation of the justice of the peace system in
Brazil, ruled by lay and local judges, during the nineteenth century. The
analysis is carried out between the years of 1826, when the Brazilian
legislative power was reinstated, and 1841, when the transference of the
local judges’ attributions to police authorities designated by the Imperial
government took place. The interpretation is based on the reading
of the National Assembly proceedings, the Ministry of Justice reports,
judicial documents and contemporary newspapers. The exam of primary
sources helped in identifying the justice of the peace system as
an artifact of the constitutional culture prevailing over the first years of
independent Brazil.