Name: LEONARDO BARROS SOUZA
Type: PhD thesis
Publication date: 01/09/2022
Advisor:
Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Advisor * |
| ÉRICA CRISTHYANE MORAIS DA SILVA | Internal Examiner * |
| KÁTIA SAUSEN DA MOTTA | External Examiner * |
| RODRIGO REIS MAZZEI | External Examiner * |
Summary: The aim of this thesis is the judicial dogmatical stydy of the civil law elaborated by Augusto Teixeira de Freitas. The aim was to discuss the limits and potentialities of the innovations proposed by the jurist in the civil law area. The hypothesis consisted in the affirmation of the innovactory nature of the dogmatic proposed by Teixeira de Freitas, among the close ways of thinking of the codification related to the second period of the eight hundreds (Oitocentos). The temporal sine of the research happened in 1855, when the first contract was set between the jurist and the Imperial Government, and the one of 1872, when the second contract was ended. In the investigation the jurisconsult position was observed in the judicial and political areas, its proximity ties with the imperial exponents since the school seats till the maturity in 1872. The works of systematization the civil law and the civil code project make the main documental corpus of this research. Having analyses effects in mind, elaborated works after the end of the second contract with the Imperial Government were included, especially the third edition of the work called Consolidação das Leis Civis. The corpus of contemporary critics were added to the origins of Teixeira de Freitas works, mainly those of Antônio Luiz de Seabra and Antonio Pereira Rebouças. Methodologically the thesis was based in the John Pocock and Quentin Skinner lessons, in order to avoid the mythology of doctrine and the mythology of coherence. In the dogmatic judicial area, the investigation questioned the method chose by Teixeira de Freitas for the civil law classification, mainly the binomial things and persons. From the text of the Introduction, considered in this thesis the most meaningful dogmatic work of Teixeira de Freitas, was the discussion of the princípio director of the categorization of the nature of things. The mentioned contingency of law in relation to the ancient Roman law was approached, mainly about the institutes of civil death, family, possession, property and real rights, mortgage and credit. Finally the thesis discussed the criticism thrown up by Minister José de Alencar in 1869, in relation of the work review proposed by Teixeira de Freitas because of the theoretical eclectic attitude adopted in the codification started and the small time for the maturity of judicial topics mentioned in the interpretation of the long work of Teixeira de Freitas, a jurist integrated to the news of his time and set by tradition too. The approach of the analysis undertaken in this thesis determines the intellectual history of Brazilian Civil Law.
