Os comentários do conselheiro Salustiano Orlando de Araújo Costa ao Código Comercial de 1850: um estudo sobre a formação do pensamento jurídico sobre o direito comercial brasileiro

This paper aims to contribute to the mapping of the precursors of Brazilian Commercial Law through the study of Counselor Salustiano Orlando de Araújo Costa’s comments on the Commercial Code of 1850. It seeks to investigate his role in the historical period in order to identify its repercussions on commercial practice and the formation of Commercial Law doctrine. It was possible to verify that Counselor Orlando’s annotations played a prominent role in nineteenth-century commercial practice following the publication of the Commercial Code of 1850, amidst a scenario characterized by a scarcity of works addressing the new legislation. It was also possible to appreciate the circumstances that led to the decline in the importance of Counselor Orlando’s work, particularly in the face of rising criticism towards the purely exegetical methodology for the elaboration of doctrinal works in Commercial Law, and to identify the circumstances that produced a change in the paradigm of Brazilian legal doctrine.