Pub Date : 2018-06-16DOI: 10.15175/1984-2503-201810207
A. Goularti Filho
The following article aims to discuss the addition of telephone services to the communications system in the Brazilian state of Santa Catarina from the installation of the earliest telephones in Desterro in 1876 to the late 1920s. The installation of telephone services is framed within the movement towards modernization combining and overlapping geo-economic layers formed by transport, communications, and electricity services consolidated by state participation, forming regional economic systems. The article is divided into four sections, with the first section offering a brief historical context from the invention of the telephone to its arrival in Brazil, in parallel to the expansion of the telegraph network. The second section narrates the earliest telephone initiatives in Santa Catarina, spanning the period of 1876 to 1907, merging telephone and telegraph services. The third section discusses the fragmented advances made by telephone services from 1907 to 1918, highlighting activities by Grossenbacher & Trinks in Joinville and Florianopolis. Finally, the fourth section analyzes the period of 1918 to 1927, describing the telephone’s limited consolidation in Santa Catarina with the emergence of telephone providers in some of the state’s main cities, but whose services failed to meet the demands of rapid urban expansion.
{"title":"Formação do Sistema de Comunicações em Santa Catarina: Telefonia (1876-1927)","authors":"A. Goularti Filho","doi":"10.15175/1984-2503-201810207","DOIUrl":"https://doi.org/10.15175/1984-2503-201810207","url":null,"abstract":"The following article aims to discuss the addition of telephone services to the communications system in the Brazilian state of Santa Catarina from the installation of the earliest telephones in Desterro in 1876 to the late 1920s. The installation of telephone services is framed within the movement towards modernization combining and overlapping geo-economic layers formed by transport, communications, and electricity services consolidated by state participation, forming regional economic systems. The article is divided into four sections, with the first section offering a brief historical context from the invention of the telephone to its arrival in Brazil, in parallel to the expansion of the telegraph network. The second section narrates the earliest telephone initiatives in Santa Catarina, spanning the period of 1876 to 1907, merging telephone and telegraph services. The third section discusses the fragmented advances made by telephone services from 1907 to 1918, highlighting activities by Grossenbacher & Trinks in Joinville and Florianopolis. Finally, the fourth section analyzes the period of 1918 to 1927, describing the telephone’s limited consolidation in Santa Catarina with the emergence of telephone providers in some of the state’s main cities, but whose services failed to meet the demands of rapid urban expansion.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67314315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810107
Pedro Simonard, Ajibola Isau Badiru, V. Galvão
Article 68 of the Acts of Transitional Constitutional Provisions of the Brazilian Constitution recognizes the right of the country’s remaining quilombo communities to claim ownership of the land they live upon. The process for such recognition and the consequent bestowing of titles to such communities involves an arduous path riddled with conflicts and internal and external challenges to the community, considering that the granting of titles to the remaining quilombo communities represents a rupture with the historical process excluding the black population, entailing as it does social exclusion, exclusion from the owning of land, and exclusion from the recognition of rural black populations’ common use of the land. This article analyzes the liminality characterizing the legal and administrative procedures a community must implement in order to be recognized as the remains of a quilombo and certified as such by the Ministry of Culture’s Palmares Cultural Foundation. It also studies the steps required in the process to land title regularization and the obtaining of a land title issued by the National Institute of Colonization and Agrarian Reform.
{"title":"A situação liminar provocada pelo processo de certificação de comunidades quilombolas","authors":"Pedro Simonard, Ajibola Isau Badiru, V. Galvão","doi":"10.15175/1984-2503-201810107","DOIUrl":"https://doi.org/10.15175/1984-2503-201810107","url":null,"abstract":"Article 68 of the Acts of Transitional Constitutional Provisions of the Brazilian Constitution recognizes the right of the country’s remaining quilombo communities to claim ownership of the land they live upon. The process for such recognition and the consequent bestowing of titles to such communities involves an arduous path riddled with conflicts and internal and external challenges to the community, considering that the granting of titles to the remaining quilombo communities represents a rupture with the historical process excluding the black population, entailing as it does social exclusion, exclusion from the owning of land, and exclusion from the recognition of rural black populations’ common use of the land. This article analyzes the liminality characterizing the legal and administrative procedures a community must implement in order to be recognized as the remains of a quilombo and certified as such by the Ministry of Culture’s Palmares Cultural Foundation. It also studies the steps required in the process to land title regularization and the obtaining of a land title issued by the National Institute of Colonization and Agrarian Reform.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"125-142"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45352709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810104
Aimée Schneider Duarte
Throughout the 1980s, Brazilian society came to revive a series of social and cultural movements which contributed to a political shift in the transition of the authoritarian regime to the Rule of Law. The campaigns for an Anistia Ampla, Geral e Irrestrita and Diretas Ja! are examples of such political mobilization with popular participation. The following article focuses on the installation of a National Constituent Assembly (ANC) as a project of social negotiation, and the search for consensuses between potentially conflicting memories in the aim of preventing conflicts that would threaten the establishment of democracy. In the period of February 1, 1987 to 5 October, 1988, the building of the National Congress served as a stage for the organizing of a new Constitution. Although this provided a symbol for the new era, it carried – and continues to carry – traces of the previous historical period it aimed to break with. Considering the 30-year anniversary in 2018 of the ANC’s inauguration and the promulgation of the Federal Constitution itself (1988), the subject becomes even more pertinent in light of these significant dates and the socially-constructed memories.
在整个20世纪80年代，巴西社会开始恢复一系列社会和文化运动，这些运动促成了专制政权向法治过渡的政治转变。Anistia Ampla、general e Irrestrita和Diretas Ja!都是这种有民众参与的政治动员的例子。下面这篇文章的重点是建立一个全国制宪会议，作为社会谈判的一个项目，并在可能相互冲突的记忆之间寻求协商一致意见，以防止可能威胁到建立民主的冲突。在1987年2月1日至1988年10月5日期间，国民大会的建立成为组织一部新宪法的舞台。虽然这为新时代提供了一个象征，但它保留了——并继续保留着——它旨在打破的上一个历史时期的痕迹。2018年是非洲人国民大会(ANC)成立和颁布《联邦宪法》(1988年)30周年，考虑到这些重要的日期和社会建构的记忆，这个主题变得更加贴切。
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Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810108
H. Bacha
{"title":"Un estudio sobre la institución judicial bonaerense y sus actores em la segunda mitad del siglo XIX","authors":"H. Bacha","doi":"10.15175/1984-2503-201810108","DOIUrl":"https://doi.org/10.15175/1984-2503-201810108","url":null,"abstract":"","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"143-149"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49632262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810102
J. Gomes
The following work aims to analyze aspects of the Liberal Revolution of Porto key to a study of constitutionalism in the Luso-Brazilian world and the appropriation of contractualism by Brazilian deputies in the Brazilian parliament’s first six years since its founding. We focus on echoes of the ideology of Vintismo and how deputies Bernardo Pereira de Vasconcelos and Jose Lino Coutinho appropriated the concept of a social pact (or social contract), as well as other related key concepts, including those of nation, sovereignty, and citizenship present in the political imaginary of the process shaping the Brazilian nation. In order to analyze the period from 1826 to 1831, spanning as it does the earliest legislation for the Brazilian parliament and the end of the Primeiro Reinado , we focus on the annals of the Chamber of Federal Deputies. Such sources are key to an analysis of how these social agents – components of political and intellectual elites – considered the concepts highlighted here.
下面的工作旨在分析波尔图自由主义革命的各个方面，这是研究葡巴世界宪政的关键，也是巴西议员在巴西议会成立后的头六年里对契约主义的挪用。我们关注Vintismo意识形态的回响，以及代表Bernardo Pereira de Vasconcelos和Jose Lino Coutinho如何挪用社会契约(或社会契约)的概念，以及其他相关的关键概念，包括国家、主权和公民身份，这些概念存在于塑造巴西民族的政治想象过程中。为了分析从1826年到1831年这段时间，从巴西议会最早的立法到雷纳多总理的结束，我们把重点放在了联邦众议院的编年史上。这些资源是分析这些社会代理人(政治和知识精英的组成部分)如何考虑这里强调的概念的关键。
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Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810101
Daniel Fessler
The justice system of the Cisplatine Province was marked by the complexities of an administration to have had its very organization (especially in the higher reaches) modified under Portuguese rule. Such shifts also affected trials regulated by specific provisions and ordinances particularly targeting the responsibilities of members of the army. Such an advantageous condition for Lusitanic soldiers was also enhanced by the enforcement of certain jurisdictions, particularly that of military jurisdiction. Such jurisdiction traditionally served to restrict the civil courts’ powers over soldiers, even in cases of “common” crimes. The present article seeks to analyze the tensions between the military and criminal justice systems in the Cisplatine Province, occupied first by the Portuguese army and later by the Brazilian army. It also analyzes how military jurisdiction was often harnessed to limit civil jurisdiction, ensuring a more benign treatment that could even culminate in the impunity of the soldiers involved. A study of the criminal justice system’s records reveals the complexities of a process that very often affected those under investigation by means of delayed trials, incurring significant infringements on personal liberty and economic hardship for their families. The period under study has been extended to 1830, thus moving beyond that of the Luso-Brazilian administration. This allows us not only to analyze more prolonged causes, but also to deepen our knowledge on the ruptures and continuities in the administration of justice.
{"title":"Militares y “malhechores” entre la justicia militar y la justicia criminal","authors":"Daniel Fessler","doi":"10.15175/1984-2503-201810101","DOIUrl":"https://doi.org/10.15175/1984-2503-201810101","url":null,"abstract":"The justice system of the Cisplatine Province was marked by the complexities of an administration to have had its very organization (especially in the higher reaches) modified under Portuguese rule. Such shifts also affected trials regulated by specific provisions and ordinances particularly targeting the responsibilities of members of the army. Such an advantageous condition for Lusitanic soldiers was also enhanced by the enforcement of certain jurisdictions, particularly that of military jurisdiction. Such jurisdiction traditionally served to restrict the civil courts’ powers over soldiers, even in cases of “common” crimes. The present article seeks to analyze the tensions between the military and criminal justice systems in the Cisplatine Province, occupied first by the Portuguese army and later by the Brazilian army. It also analyzes how military jurisdiction was often harnessed to limit civil jurisdiction, ensuring a more benign treatment that could even culminate in the impunity of the soldiers involved. A study of the criminal justice system’s records reveals the complexities of a process that very often affected those under investigation by means of delayed trials, incurring significant infringements on personal liberty and economic hardship for their families. The period under study has been extended to 1830, thus moving beyond that of the Luso-Brazilian administration. This allows us not only to analyze more prolonged causes, but also to deepen our knowledge on the ruptures and continuities in the administration of justice.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"4-23"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48368222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810103
Lincoln de Araújo Santos
Based on a reading and analysis of the news sources in its editorials, the following article identifies the repercussions of the social thought and actions of Celso Furtado as an intellectual and state operator in the Rio de Janeiro press. With the Cold War and anti-Communist culture pervading Brazil representing the context of the early years of the 1960s, such a scenario is responsible for the reactions to Furtado’s positions in his project for developing the country. We also discuss the nuances of the economist’s thought in light of his education and his reflections on Brazilian and Latin American societies. The attacks on this project by the middle and upper classes of Brazilian society deemed the Northeast to be a “dangerous” region, concerned as they were with the specter of communism in the reforms’ agenda, particularly that of agricultural reform. The political and ideological nature shared by the Brazilian elites and their clear opposition to the developmentalist theories reverberated in the discourse of the editorials published in the Jornal do Brasil and the Tribuna da Imprensa newspapers from 1961 to 1962.
{"title":"No encalço do desenvolvimento: as reações da imprensa carioca ao pensamento social de Celso Furtado (1961-1962)","authors":"Lincoln de Araújo Santos","doi":"10.15175/1984-2503-201810103","DOIUrl":"https://doi.org/10.15175/1984-2503-201810103","url":null,"abstract":"Based on a reading and analysis of the news sources in its editorials, the following article identifies the repercussions of the social thought and actions of Celso Furtado as an intellectual and state operator in the Rio de Janeiro press. With the Cold War and anti-Communist culture pervading Brazil representing the context of the early years of the 1960s, such a scenario is responsible for the reactions to Furtado’s positions in his project for developing the country. We also discuss the nuances of the economist’s thought in light of his education and his reflections on Brazilian and Latin American societies. The attacks on this project by the middle and upper classes of Brazilian society deemed the Northeast to be a “dangerous” region, concerned as they were with the specter of communism in the reforms’ agenda, particularly that of agricultural reform. The political and ideological nature shared by the Brazilian elites and their clear opposition to the developmentalist theories reverberated in the discourse of the editorials published in the Jornal do Brasil and the Tribuna da Imprensa newspapers from 1961 to 1962.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"43-69"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43988749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810106
C. Gaulia
The following article discusses the legality and legitimacy of the Judiciary’s public policies concerning access to justice. With public policies’ meeting of efficiency targets essential in a welfare state, a neo-constitutionalist perspective frames the entire set of constitutional standards guaranteeing fundamental rights as mandatory regulations for the public administrator. Under the Rule of Law, the Judiciary plays an essential role in the supervision of public policies. Along with the budgets for the various state Judiciary Branches, the principle of efficiency guiding public administration therefore creates a new concept in the field of public policies: the public policies of the Judiciary.
{"title":"Políticas Públicas do Poder Judiciário: Ressignificação do Princípio da Eficiência da prestação jurisdicional sob a ótica do neoconstitucionalismo","authors":"C. Gaulia","doi":"10.15175/1984-2503-201810106","DOIUrl":"https://doi.org/10.15175/1984-2503-201810106","url":null,"abstract":"The following article discusses the legality and legitimacy of the Judiciary’s public policies concerning access to justice. With public policies’ meeting of efficiency targets essential in a welfare state, a neo-constitutionalist perspective frames the entire set of constitutional standards guaranteeing fundamental rights as mandatory regulations for the public administrator. Under the Rule of Law, the Judiciary plays an essential role in the supervision of public policies. Along with the budgets for the various state Judiciary Branches, the principle of efficiency guiding public administration therefore creates a new concept in the field of public policies: the public policies of the Judiciary.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"104-124"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46071653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-02-05DOI: 10.15175/1984-2503-201810105
G. S. Siqueira
The following work discusses the use of the idea of History in books on the History of Law, with the aim of the text to problematize the use (or non-use) of research sources. It concludes that an absence of references to historical sources results in a flaw in the study of the History of Law, Philosophy of Law, and Comparative Law. The article also discusses the exclusive use of laws as sources for historical-legal research and the importance of the development of academic protocols in the production of scientific works in the legal studies.
{"title":"Observações sobre como o Direito ensina errado a História do Direito","authors":"G. S. Siqueira","doi":"10.15175/1984-2503-201810105","DOIUrl":"https://doi.org/10.15175/1984-2503-201810105","url":null,"abstract":"The following work discusses the use of the idea of History in books on the History of Law, with the aim of the text to problematize the use (or non-use) of research sources. It concludes that an absence of references to historical sources results in a flaw in the study of the History of Law, Philosophy of Law, and Comparative Law. The article also discusses the exclusive use of laws as sources for historical-legal research and the importance of the development of academic protocols in the production of scientific works in the legal studies.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"10 1","pages":"93-103"},"PeriodicalIF":0.0,"publicationDate":"2018-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48146375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-13DOI: 10.15175/1984-2503-20179302
Yolanda Díaz Martínez
Throughout the nineteenth century, the police performed various roles ranging from those traditionally and properly associated with urban police to the assumption of obligations in line with judicial police. In this context, the force also came to be responsible for organizing the city’s social life and a variety of everyday activities, including the surveillance, control, and suppression of crime, leading to the introduction of various initiatives throughout the nineteenth century to regulate operations and improve organization. Despite this, countless complaints were made throughout the century challenging the appropriateness and efficiency of the judicial body. Various factors were behind such difficulties, with some related to the heterogeneity of the personnel selected or the lack of morality displayed by officers, and others stemming from the city’s lack of effective infrastructure, preventing the police from operating effectively.
{"title":"La policía en La Habana durante el siglo XIX","authors":"Yolanda Díaz Martínez","doi":"10.15175/1984-2503-20179302","DOIUrl":"https://doi.org/10.15175/1984-2503-20179302","url":null,"abstract":"Throughout the nineteenth century, the police performed various roles ranging from those traditionally and properly associated with urban police to the assumption of obligations in line with judicial police. In this context, the force also came to be responsible for organizing the city’s social life and a variety of everyday activities, including the surveillance, control, and suppression of crime, leading to the introduction of various initiatives throughout the nineteenth century to regulate operations and improve organization. Despite this, countless complaints were made throughout the century challenging the appropriateness and efficiency of the judicial body. Various factors were behind such difficulties, with some related to the heterogeneity of the personnel selected or the lack of morality displayed by officers, and others stemming from the city’s lack of effective infrastructure, preventing the police from operating effectively.","PeriodicalId":41789,"journal":{"name":"Passagens-International Review of Political History and Legal Culture","volume":"9 1","pages":"391-415"},"PeriodicalIF":0.0,"publicationDate":"2017-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43160372","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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