Governo e administração na constituição de 1824

This essay deals with the invention of constitutional time in Brazil, from the Constitution of 1824, from the perspective of the distinction between Government and Administration. Understanding that law is an integral part of historical events, firstly, the constitution of the State and Government of Brazil is described, considering the institutional environment of the formation of the new state and the distribution of functional competencies made in the Constitution (1). Next, we report the scientific differences between Visconde do Uruguay and Joaquim Antonio Ribas, because they founded administrative legal thought in the country (2). The method used was hypothetical-deductive, as it observes the organization of the State and Government in the first Brazilian constitution and establishes a general proposition, and also starts from general arguments, to conclude that the constitutional monarchy constituted was not liberal, since it maintained slavery and the union between State and Church. The procedures are descriptive and comparative of descriptions of legal historiography, using primary sources (legal texts and works of legal doctrine of the time) and works of political philosophy, history of law, constitutional law and administrative law related to the theme. Partial conclusions were released throughout the exhibition, and are summarized at the end.

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Publication Details

Journal
Revista do Instituto Histórico e Geográfico Brasileiro
Published
2024-12-25
DOI
https://doi.org/10.23927/revihgb.v.185.n.496.2024.227
Primary Topic
History of Colonial Brazil
Type
article
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article

Governo e administração na constituição de 1824

Maren Guimarães Taborda
Revista do Instituto Histórico e Geográfico Brasileiro
History of Colonial Brazil
article

Governo e administração na constituição de 1824

Maren Guimarães Taborda
article en

Abstract

This essay deals with the invention of constitutional time in Brazil, from the Constitution of 1824, from the perspective of the distinction between Government and Administration. Understanding that law is an integral part of historical events, firstly, the constitution of the State and Government of Brazil is described, considering the institutional environment of the formation of the new state and the distribution of functional competencies made in the Constitution (1). Next, we report the scientific differences between Visconde do Uruguay and Joaquim Antonio Ribas, because they founded administrative legal thought in the country (2). The method used was hypothetical-deductive, as it observes the organization of the State and Government in the first Brazilian constitution and establishes a general proposition, and also starts from general arguments, to conclude that the constitutional monarchy constituted was not liberal, since it maintained slavery and the union between State and Church. The procedures are descriptive and comparative of descriptions of legal historiography, using primary sources (legal texts and works of legal doctrine of the time) and works of political philosophy, history of law, constitutional law and administrative law related to the theme. Partial conclusions were released throughout the exhibition, and are summarized at the end.

Revista do Instituto Histórico e Geográfico BrasileiroVol. 185(496)
Universidade de Brasília (BR)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
History of Colonial Brazil
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Governo e administração na constituição de 1824 — Maren Guimarães Taborda · Revista do Instituto Histórico e Geográfico Brasileiro (2024) | TGRS Research Map | TGRS