”VIGIAR A ORDEM PÚBLICA EM CONFORMIDADE DAS LEIS”: trabalhos do Conselho de Presidência do Maranhão nos primeiros anos do Brasil Império (1825-1829)

2019 ◽  
Vol 16 (27) ◽  
pp. 116-140
Author(s):  
RAISSA GABRIELLE VIEIRA CIRINO

A crise polá­tica que despontou no Reino do Brasil a partir da década de 1820 possibilitou o desenvolvimento da esfera de poder regional pela reformulação das escalas de poder e pela criação de novas instituições dentro das prová­ncias, doravante as principais unidades administrativas que compunham o extenso território imperial. No Maranhão, as determinações da Carta de 20 de outubro de 1823, primeiro edito a versar sobre tal reestruturação, foram cumpridas através da finalização das primeiras eleições, em 1825, resultando na escolha de seis conselheiros para o Conselho de Presidência, que auxiliaria o presidente de prová­ncia, nomeado pelo Poder central, em questões de ”exame e juá­zo administrativo”. Destarte, pautando-nos nas atas de reuniões dessa instituição, nos ofá­cios trocados com as principais instá¢ncias imperiais e em artigos de jornais do perá­odo analisaremos como as decisões protagonizadas pelo Conselho de Presidência do Maranhão repercutiram no diná¢mico processo de gestação do Estado imperial brasileiro.Palavras-chave: Brasil Império. Prová­ncia do Maranhão. Conselho de Presidência. Esfera de poder regional.  ”OBSERVE PUBLIC ORDER ACCORDING TO THE LAW”:  works of Maranhão Presidency”™s Council in the early years of the Brazilian Empire (1825-1829)Abstract: The political crisis that emerged in Brazil from the 1820s onwards allowed the development of the regional sphere of power by reformulating the scales of power and by creating new institutions within the provinces, henceforth the main administrative units that comprised the extensive imperial territory. In Maranhão, the determinations of the edict dated of October 20th, 1823, first published on such restructuring, were fulfilled by the end of the first elections in 1825, resulting in the election of six counselors to the Presidency”™s Council (Conselho de Presidência), that would assist the presidents of the provinces, appointed by the Central Power, in matters of "administrative examination and judgment". Thus, based on the meeting minutes of this institution, in the documents exchanged with the main imperial instances and in newspaper articles from the period, we will analyze how the decisions made by the Presidency”™s Council of Maranhão reverberated in the dynamic gestational process of the Brazilian Empire.Keywords: Brazilian Empire. Province of Maranhão. Presidency”™s Council. Regional sphere of power.  ”VIGILAR EL ORDEN PÚBLICO EN CONFORMIDAD DE LAS LEYES”:  trabajos del Consejo de Presidencia de Maranhão en los primeros años del Brasil Imperio (1825-1829)Resumen: La crisis polá­tica que surgió en el Reino de Brasil a partir de la década de 1820 posibilitó el desarrollo de la esfera de poder regional por la reformulación de las escalas de poder y por la creación de nuevas instituciones dentro de las provincias, en adelante las principales unidades administrativas que componá­an el extenso territorio imperial. En Maranhão, las determinaciones de la Carta de 20 de octubre de 1823, primer edito a versar sobre la dicha reestructuración, se cumplieron a través de la finalización de las primeras elecciones, en 1825, resultando en la elección de seis consejeros para el Consejo de Presidencia, que auxiliará­a al presidente de provincia, nombrado por el Poder central, en cuestiones de "examen y juicio administrativo". De este modo, pautándonos en las actas de reuniones de esa institución, en los oficios intercambiados con las principales instancias imperiales y en artá­culos de periódicos del perá­odo analizaremos cómo las decisiones protagonizadas por el Consejo de Presidencia de Maranhão repercutieron en el dinámico proceso de gestación del Estado imperial brasileño.Palabras clave: Brasil Imperio. Provincia de Maranhão. Consejo de Presidencia. Esfera de poder regional.

2019 ◽  
pp. 155-171 ◽  
Author(s):  
Charlène Calderaro ◽  
Calogero Giametta

This article focuses on the political debates that led to the adoption of the sex purchase ban (commonly referred to as the Swedish or Nordic model) in France in April 2016. It examines the convergence of French mainstream feminists and traditional neo-abolitionist actors in the fight against prostitution, and its impact on sex workers’ rights and wellbeing. We argue that there is continuity between the effects produced by the ban on soliciting enacted in 2003 and those created by the law penalising clients passed in 2016. In discussing the current repression of sex work in France, we highlight how the construction of the ‘problem of prostitution’ should be seen in light of broader political anxieties over sexism in poor neighbourhoods and immigration control, which justify the national priorities of security and public order.


Author(s):  
Juvêncio Borges Silva ◽  
Fernanda Morato da Silva Pereira

A presente pesquisa analisa a influência política nas decisões do Supremo Tribunal Federal, particularmente o cumprimento da Constituição Federal e seus ideais principiológicos pela Corte Suprema e sua atuação contramajoritária e representativa. Nesse sentido, questiona a interpretação aberta da Constituição no que se refere “poder” ou “dever” conferido ao órgão. Pretende-se elucidar a separação dos poderes e a crise política instalada no país, de maneira a suscitar a judicilialização e o ativismo judicial, este último como instrumento do judiciário para legislar em favor/contra determinada questão política. Orienta-se pelo método hipotético-dedutivo, lastreado em livros, artigos científicos e publicações em sites institucionais, referenciada pela teoria sistêmica de Niklas Luhmann. Ao cabo, conclui-se que a separação dos poderes, a observância dos códigos que orientam o direito e a política e o equilíbrio de atuação de cada um são indispensáveis para manutenção da República. O modelo ideal não estará em nenhum dos dois extremos, nenhuma ou total influência política. O direito deve ser autônomo à política, pois essa autonomia é essencial para a subsistência do conceito de Estado de direito e para a confiança da sociedade nas instituições judiciais.   Abstract: This research analyzes the political influence in the decisions of the Federal Supreme Court, particularly, the fulfillment of the Federal Constitution and its ideological ideologies by the Supreme Court and its counter majoritarian and representative action. In this sense, it questions the open interpretation of the Constitution regarding "power" or "duty" conferred on the body. It seeks to elucidate the separation of powers and the political crisis installed in the country, in order to raise judicialization and judicial activism, the latter as an instrument of the judiciary to legislate for / against a particular political issue. It uses the hypothetical-deductive method, backed by books, scientific articles and publications on institutional sites, referenced by the systemic theory of Niklas Luhmann. The study led to the conclusion that the separation of powers, the observance of the codes that guide the law and the policy and the balance of action of each one are indispensable for the maintenance of the Republic. The ideal model will not be at either extreme, no or total political influence. The law must be autonomous to politics, since this autonomy is essential for the survival of the concept of the rule of law and for the trust of society in judicial institutions.


Author(s):  
Eliza Hartrich

Typically, periods of political crisis in medieval England—such as the Barons’ War of the 1250s and 1260s or the troubles of Edward II’s reign—brought towns and their residents to the forefront of national politics, but the early years of the Wars of the Roses proved a notable exception to this rule. The first section of this chapter demonstrates that weakened links between towns, combined with the local dominance of mercantile elites in 1435–50, meant that the urban sector had neither the means nor the will to influence the brewing conflict between the duke of York and the monarchy in 1450–5. The second section, however, shows that the late 1450s saw a return to urban collective action and a ‘politicization’ of townspeople. The re-emergence of a ‘politicized’ urban sector in the Wars of the Roses proved to be a crucial factor in breaking the political stalemate of the 1450s.


Author(s):  
Anushka Singh

It traces the discourse on freedom of expression in postcolonial idea, the security imperatives of the state, the political history of the law of sedition post-Independence and its journey within the courts. Through this, an attempt at conceptualizing public order, security of state and other grounds along which the act of sedition is penalized, is made. This chapter begins with debates on sedition within the Constituent Assembly and systematically takes these debates to the higher courts in India employing legal hermeneutics to read into the judgements and deduce a theory of sedition coming from the judiciary. The chapter treats the judicial pronouncements as contributing to the study of sedition as a speech act to identify what emerges as the crime of sedition within the legal-juridical regime in India.


Author(s):  
Roger Davidson

The conclusion explores the implications of this volume for an understanding of the interplay between the law, sex and society in Scotland since 1900. An outstanding feature is the degree to which the legal process reflected and reinforced contemporary moral concerns that occupied public and professional debate. Secondly, rather than a monolithic, neutral dispenser of justice, in dealing with sexual offences the law involved the interaction of numerous individuals within the political, legal, and forensic communities with differing social and professional agendas. Furthermore, the law in practice is seen to sustain important norms of sexual behaviour and masculinity. While identifying areas of illicit sexual practice that reflected women’s agency, the volume reveals the degree to which the legal process continued to embrace a double moral standard. Another leitmotiv is the enduring struggle to balance the right of the law to intrude into the domain of private morality in the interests of public order, public decency and public health against the preservation of civil liberties. From a comparative perspective, conclusions are drawn with respect to the impact of the peculiarities of Scots Law and legal procedures on the policing, prosecution and punishment of offenders


2018 ◽  
Vol 3 (2) ◽  

Philosophy is a search for a general understanding of values and reality by chiefly speculative rather than observational means. It signifies a natural and necessary urge in human beings to know themselves and the world in which they live and move and have their being. Hindu philosophy is intensely spiritual and has always emphasized the need for practical realization of Truth. Philosophy is a comprehensive system of ideas about human nature and the nature of the reality we live in. It is a guide for living, because the issues it addresses are basic and pervasive, determining the course we take in life and how we treat other people. Hence we can say that all the aspects of human life are influenced and governed by the philosophical consideration. As a field of study philosophy is one of the oldest disciplines. It is considered as a mother of all the sciences. In fact it is at the root of all knowledge. Education has also drawn its material from different philosophical bases. Education, like philosophy is also closely related to human life. Therefore, being an important life activity education is also greatly influenced by philosophy. Various fields of philosophy like the political philosophy, social philosophy and economic philosophy have great influence on the various aspects of education like educational procedures, processes, policies, planning and its implementation, from both the theoretical and practical aspects. In order to understand the concept of Philosophy of education it is necessary to first understand the meaning of the two terms; Philosophy and Education.


2019 ◽  
Vol 58 (2) ◽  
pp. 249-259
Author(s):  
Joseph Acquisto

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.


Author(s):  
Karen J. Alter

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


2013 ◽  
Vol 54 (2) ◽  
pp. 219-237
Author(s):  
Sławomir Buryła

Summary The article examines the representation in Polish fiction of the atmosphere of the political protests of March 1968. The relevant texts can be divided into two groups, those that were written about the time of the crisis and those that focused on the March events, as they came to be known, in retrospect. The former includes the anti-Semitic short stories and novels written by Stanisław Ryszard Dobrowolski and Roman Bratny - works whose profile makes them exceptional in postwar Polish fiction. The latter is made up of an assortment of fiction and memoirs.


2020 ◽  
pp. 14-29
Author(s):  
Lyubov Prokopenko

The article considers the political aspect of land reform in the Republic of Zimbabwe. The problem of land reform has been one of the crucial ones in the history of this African country, which celebrated 40 years of independence on April 18, 2020. In recent decades, it has been constantly in the spotlight of political and electoral processes. The land issue was one of the key points of the political program from the very beginning of Robert Mugabe’s reign in 1980. The political aspect of land reform began to manifest itself clearly with the growth of the opposition movement in the late 1990s. In 2000–2002 the country implemented the Fast Track Land Reform Program (FTLRP), the essence of which was the compulsory acquisition of land from white owners without compensation. The expropriation of white farmers’ lands in the 2000s led to a serious reconfiguration of land ownership, which helped to maintain in power the ruling party, the African National Union of Zimbabwe – Patriotic Front (ZANU – PF). The government was carrying out its land reform in the context of a sharp confrontation with the opposition, especially with the Party for the Movement for Democratic Change (MDC), led by trade union leader Morgan Tsvangirai. The land issue was on the agenda of all the election campaigns (including the elections in July 2018); this fact denotes its politicization, hence the timeliness of this article. The economic and political crisis in Zimbabwe in the 2000–2010s was the most noticeable phenomenon in the South African region. The analysis of foreign and domestic sources allows us to conclude that the accelerated land reform served as one of its main triggers. The practical steps of the new Zimbabwean president, Mr. Emmerson Mnangagwa, indicate that he is aware of the importance of resolving land reform-related issues for further economic recovery. At the beginning of March 2020, the government adopted new regulations defining the conditions for compensation to farmers. On April 18, 2020, speaking on the occasion of the 40th anniversary of the independence of Zimbabwe, Mr. E. Mnangagwa stated that the land reform program remains the cornerstone of the country’s independence and sovereignty.


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