The constitutional monarchy and the justice, from Cádiz to new world: a case of verdict motivation in Brazilian Empire (1822-1850)

Abstract

The article questions the transformations in Iberian legal culture taking into account the political events that have experienced their monarchies in the early 19th century, with emphasis on analysis of the constitutional formation of the Empire of Brazil, in relation with the experience of the Courts of Cadiz and Lisbon. For this, we take as a focus the practice of the motivations of judgments (rational) of the Supreme Court of Justice, installed in 1829. We point out that the Brazilian process is similar, despite his specific features, with the Spanish and Portuguese monarchies with regard to the administration of Justice, impossible to be reduced in an analytical key that focuses a precise separation between ruptures and continuities.