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Elected Magistracy: Political and judicial administration in Brazil (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 examination 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.

Key words:
Imperial Brazil; Justice of the peace; Justice managemen; History of Law

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