Passagens Revista Internacional de História Política e Cultura Jurídica
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Published By Passagens

1984-2503, 1984-2503

Author(s):  
Samer ALNASIR

Post-colonial coagulation is the dilemma of many societies in endless formation due to the aftermath of colonialism and the dominance of coloniality, and even more so when this aftermath has been converted into a never-ending labyrinth for political-Islamic anthropology, particularly in the Arab case. The present study primarily aims to analyze the emergence of Abrahamic religions among Arab tribes and their role in supplanting the canon of identity and belonging, forming a universal standard for legal identity substantially different from the European one, and overturning the ancient tribal concept. The study then shifts to analyz-ing the formation of Islamic ideology as positive law by means of an empirical parallelism with Roman law, thus introducing the Latin concept of interpolare. We therefore arrive at the conclusion of how foreign-colonial interference played the main role in diluting the identity canon and that of belonging, creating a false identity, shaped to conform to colonial compromises, wrapping religious epistemology in a forced normative system to have caused schizophrenia and cognitive resistance to power and normative disobe-dience, even prompting schizophrenia and an aversion to reality.


Author(s):  
J. F. BERTONHA

The aim of this article is to discuss the differences and similarities between the police and legal systems shaped during the Fascist dictatorships of Italy and Germany and their implications on the collapse of Fascism in 1943 and the survival of Naziism until 1945. The article also discusses the police and legal culture created under these regimes and its survival in the later period, with the consequent democratic deficit. The backdrop to this is a discussion on the relationship between police officers, judges, and militiamen within the regimes of Italian Fascism and Nazi Germany and the broader subject of the relationship between State and party in these regimes. As “case-control studies”, the examples of Spain, Brazil, and Japan will also be discussed.


Author(s):  
R. A. M. BRASILEIRO

The present study considers the experience of the new Christian religion in the context of the Roman Empire of the first century, seeking to highlight several aspects of its earliest institutionalization. Primitive Christianity was not a singular movement but was instead reflected in the existence of many small domestic communities without an orthodoxy standardized in faith, an ecclesiastical hierarchy, or centralized institutions. The study will reveal the ways in which Christianity spread through the imperial and synagogal infrastructures, as well as through the use of Greek cultural references. It will also discuss the dominant types of Christian organization, which would benefit from the socially entrenched arrangement of the old patriarchal house as a framework for the centralized and hierarchized institutional development to take root in Christianity, in a manner analogous to imperial bureaucratic architecture.


Author(s):  
Luciana SIMAS

The following article presents statements by pregnant or breastfeeding women to have been through custody hearings and criminal proceedings while released on bail, illustrating institutional responses to prenatal, childbirth, and post-natal care outside the prison environment. The aim was to document the possibilities for and difficulties of applying release measures, according to the women’s own narratives of violence. The qualitative research is based on an analysis of content and is organized according to thematic modules with an exploration of the material collected in interviews and field data. Several obstacles faced in the empirical study have been highlighted, as have the experiences of the women inside and outside the prisons, in terms of the exercise of motherhood, life with the child, the lack of state assistance, and the consequences of the imprisonment. The report from mothers to have been released on bail or placed under house arrest due to pregnancy demonstrates adequate pre-natal care and the children’s healthy development, although difficulties were still experienced during childbirth. The adoption of measures to release the women allowed for better access to healthcare, in line with the human right to safe motherhood. The satisfaction of being able to care for their children and live alongside family stood out as a positive factor. Situations of institutional violence still persist, given the insufficiency or absence of state protection.


Author(s):  
J. H. ZANELATTO

The Ação Integralista Brasileira [Brazilian Integralist Action] movement was founded in São Paulo by Plínio Salgado in 1932. Conservative and ultra-nationalist in character, it rapidly expanded across the entirety of Brazil, with one of the drivers of its success the constitution of symbolic rituals to materialize by means of parades in urban squares and streets. The aim of this article is therefore to demonstrate how Brazil’s city streets served as a space for the AIB’s propaganda, as well as revealing how these spaces were used to materialize Integralist symbology and rituals. The article also aims to outline the AIB’s reorganization post-1945 and to highlight the movement’s connection with Neo-Integralism in the twenty-first century, identifying Integralism as a political culture.


Author(s):  
Pedro Berardi

This article analyzes the police institution as a main player in the politics of the period of 1902-1914 in the province of Buenos Aires. Although the “conservative order” (1880-1916) is currently under historiographical review in Argentina, the police has not come under scrutiny for its interventions and representations in such a context. In dialogue with this task are varying agreements and tensions in police intervention both constituting policy and defining the institutional configuration itself. The police’s monolithic and malleable visions are therefore discussed, revealing that beyond the strong links between the police and the provincial/local authorities were significant differences and a constant need to negotiate loyalties. The police was thus not a heteronomous institution, instead appropriating the requisitions of the political authorities from a standpoint permeated by the aspirations and specifics that conferred its roles.


Author(s):  
S. LOURENCO NETO

The following article aims to expose the reasons behind the failure of Dilma Rousseff’s government’s economic policy, seeking as it did to implement developmental strategies such as the Plano Brasil Maior [Greater Brazil Plan], which aimed to keep GDP growth high while maintaining the policy to reduce social inequality. Our hypothesis is that although national and international economic factors determined the strategy’s failure, the lack of consistency in the economic policy adopted was also a factor, which sought to use developmental tools in a highly conservative manner and abandoned them in the face of emerging fiscal and inflationary pressures, which were highly overvalued by the representatives of financial capital. Although Rousseff’s government attempted to challenge the interests of financial capital, it swiftly backed down and abandoned policies based on the growth of public investment and increased consumption. It therefore failed to achieve the benefits of accelerated development and the monetary stability so lauded by the financial sectors and their associates within the business sector.


Author(s):  
Victor de Oliveira Pinto COELHO

The following work analyzes the problem of the state of exception with a focus on Brazil’s recent political situation. First, we highlight the citing of the theory of exception by conservative legal expert Carl Schmitt in the TRF-4 court, allowing the then-Judge Moro to escape punishment for having leaked the contents of a telephone call between President Dilma Rousseff and former President Lula. Second, we then use this as a basis to outline the relationship between recent legal activism, present in the so-called “war on corruption”, with a longer-term tension in law in liberal societies, that is the hiatus between legality and legitimacy. Third, and finally, we seek to reveal that the anti-corruption agenda acquired impetus by means of the politicization and polarization of the country as of 2013, particularly with the emergence in 2014 of the Operação Lava Jato [Operation Car Wash] and the prominence of Judge Sérgio Moro. Our hypothesis is that a political antagonism was configured as a political strategy, framing all social demands to have emerged in 2013 as an opposition to “corruption” and the “state”. As a theoretical-conceptual framework for the conceptualizing of political antagonism, we highlight the theoretical contribution of Ernesto Laclau and Chantal Mouffee and works pointing to the hypertrophy of Criminal Justice, with the central focus on of the figure of the enemy. Our method was bibliographical analysis and a qualitative selection of sources.


Author(s):  
C. C. TOLENTINO ◽  
Paulo Eduardo A. SILVA

Records on the trial and sentencing for heresy of French warrior Joan of Arc dating to 1431 have been studied by a variety of fields. The present work explores the primary sources and several of these studies in the aim of analyzing the political significance of the forms adopted during the trial. From a perspective poised between the history of law and procedural law, the article clarifies aspects of the practical functioning of the Roman Canon inquisitorial procedure at the end of the Middle Ages, and, more widely, the phenomenon of the capillarization of the political power by means of the production of truth. The article concludes that, although Joan of Arc’s trial was clearly politically motivated, several of its dimensions correspond to the procedural practices of the time, leading us to an understanding that the influence of power over trials does not necessarily manifest in a direct violation of procedural rules, but rather in their very design and the ways in which they are put into operation.


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