A aplicação do direito processual penal na província do Espírito Santo (1830 a 1871) sob uma perspectiva de gênero
This research analyzes the application of Criminal Procedure Law in the Province of Espírito Santo between 1830 and 1871, through a gender perspective. Digitized criminal case files available at the Public State Archive of Espírito Santo (APEES) were used as primary sources. These documents were sel...
| Autor: | |
|---|---|
| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Institución: | Universidade Federal do Espírito Santo (UFES) |
| Repositorio: | Repositório Institucional da Universidade Federal do Espírito Santo (riUfes) |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.ufes.br:10/19712 |
| Acceso en línea: | http://repositorio.ufes.br/handle/10/19712 |
| Access Level: | acceso abierto |
| Palabra clave: | Direito processual História do Direito Processual Penal Gênero Província do Espírito Santo Século XIX Procedural Law History of Criminal Procedure Law Gender Province of Espírito Santo 19th Century Direito Processual Civil |
| Sumario: | This research analyzes the application of Criminal Procedure Law in the Province of Espírito Santo between 1830 and 1871, through a gender perspective. Digitized criminal case files available at the Public State Archive of Espírito Santo (APEES) were used as primary sources. These documents were selected based on the belief that they allow for a detailed analysis of cases involving women as either victims or defendants. The central objective was to understand the context in which the Criminal Code (1830) and the Code of Criminal Procedure (1832) were enacted and to examine the extent to which patriarchal social values may have influenced judicial decisions and the application of the norms established by these new legal instruments. Furthermore, the study sought to investigate whether, after a long period under the severe Portuguese Ordenações, there was room in 19th-century Brazil for legislation of a more liberal nature. To this end, it was analyzed how, in the midst of numerous innovations and changes during a period marked by legislative effervescence, criminal procedure law was shaped. The research revealed that the liberal enthusiasm surrounding the legal reforms introduced by the 19th-century codes — formally breaking with the rigidity of the Ordenações Filipinas and promoting procedural guarantees more aligned with social aspirations — was not enough to consolidate a true rupture with conservative social and moral values. Consequently, a reactionary movement soon prompted significant reforms to the procedural criminal framework. Within this context, gender inequalities also became evident, particularly in the lack of space afforded to women within criminal proceedings, the harsher moral judgment imposed upon them, and their subjugation in cases where they acted as perpetrators of violence. It is concluded that the history of women in the 19th-century Espírito Santo criminal justice system is a silent one, yet undeniably present—whether in the passive or active role within violent scenarios |
|---|