Year: 2024
Type: article
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.
Author: Maren Guimarães Taborda
Institution: Universidade de Brasília
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405803781