THE GOVERNANCE OF THE CHURCH WRITTEN BETWEEN NATIONAL AND GLOBAL PERSPECTIVES: THE PRESENCE OF CONGREGATIONS OF CARDINALS IN BRAZILIAN MANUALS OF ECCLESIASTICAL LAW (1853-1887)

Abstract

This article seeks to verify how the congregations of cardinals - more precisely, the permanent collegiate bodies of universal reach, then active in the Holy See - were represented in the legal culture of imperial Brazil (1822-1889). The sources chosen for this exploratory study were the manuals of ecclesiastical law produced by Brazilian jurists - clerics and laymen - of the Empire. The focus on legal books is due to the central role that this genre played in Brazilian legal teaching and practice during the 19^th century. We analyze how the country’s jurists described the Roman congregations, how these dicasteries were inserted in the exposition of legal doctrine, which specific debates were considered relevant, and how the congregations’ decisions were regarded in terms of normative authority. The article shows that, in general, even in an institutional scenario marked by jurisdictional logics, Brazilian jurists composed distinct and original narratives about the Roman dicasteries. As the 19^th century unfolded, expositions ranged from summary presentations, historical and static portraits, to updated and dynamic design. The recurrent mention to normative material from the congregations is perceivable both in an author sympathetic to jurisdictional positions and in an author close to ultramontanism. The significant use of French doctrinal sources of varied ideological perspectives is also noteworthy.

Keywords :
of cardinals; Roman Curia; legal culture