Justiça inacabada: a seção de guerra e marinha do conselho de estado e a justiça militar no Brasil (1842-1889).

Abstract

Brazil of the nineteenth century was marked by many novelties, the greatest of them the independence. After 1822, despite having the status of a country, Brazil carried with it an entire administrative, bureaucratic and legal apparatus of Portugal. The country ceased to be a colony, and two years later it would become a constitutional empire, with four powers: Legislative, Judiciary, Executive and Moderating. The Moderating Power ended up maintaining Old Regime practices, in which the law was submitted to the King. One of the greatest exponents of this Moderating Power was the State Council, which was the King's closest circle. Our research object was within the aforementioned Council, the War and Navy Section of the State Council. The War and Navy Section was responsible, through its advice to the emperor, to create laws, notices, decrees, and extensive jurisprudence for military justice. The Brazilian military justice lacked its own code, and was composed of a collection of laws and the Articles of War, a disciplinary regiment created in the eighteenth century by the count of Lippe, a prussian military hired to organize the Portuguese troops. Many attempts were made to create a military penal code and to better organize the punishments given to the military, but it was the War and Navy Section of the State Council one of the most responsible for answering the doubts generated by the confusing and overlapping laws, as well as to resolve administrative disputes that escaped the letters of existing laws. Therefore, the purpose of this dissertation is to understand and explain the role of the War and Marine Section of the State Council in a justice cut to pieces, the military justice