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Pesquisas em Andamento

1890 - striking wagon riders
1916 - Just Before the Civil Code
1937 - Habits and customs at the time of the Constitution of 1937
1937 - Pontes de Miranda and the Constitution of 1937
1946 - The right to strike according to the Constitution of 1946
History of the right to strike in Brazil
Myth of the granting and labor theories in Brazil
Kelsen in Brazil
1890 - striking wagon riders

This present research analyzes the criminalization/decriminalization of the right to strike during the Old Republic, focusing on the strikes of horse and wagon riders in the City of Rio de Janeiro, in the year of 1890. In the decades of 1880 and 1900, urban transport facilities (especially trams) were a huge spot for mobilizing workers.

The strikes that broke out in these sectors had repercussions in the media due to the impacts caused to the daily life of the city of Rio de Janeiro, especially in the services of water supply, garbage collection and even funeral services. The newspapers of the time reported that the capital of the country had become a war field, with the rising feeling of insecurity due the conflicts between the strikers and the police force.

When the Criminal Code was edited, the Legislative Branch set forth that striking should be unlawful, so as to repress the impact caused by wagon and horse riders' strikes.

Yet during the vacatio legis period, the Criminal Code was strictly criticized by workers who were against the criminalization of the right to strike and the penalties thereby set forth with regard to accidents involving wagon riders. Later, due to several political forces in action, the criminal legislation was changed, including some penalties deemed unreasonable.

As we can see, Law History aims to analyze experiences beyond positive law, to help understanding the present, to trigger learning processes, to change points of view, rethinking concepts, investigating diverse legal experiences, arising from diverse sources, either individual or collective, legal or illegal.

What defines the right to strike is not limited to the positive text, the legal concept formulated by the doctrine or its judicial recognition. That is why this work will investigate diverse feelings and experiences about such juridicity, forged in social struggles, during the historical process, by various denials and affirmations.

Through an open and plural research strategy, the research focuses on the criminalization of the right to strike, analyzing texts of jurists of the time, newspapers that reported the strikers of cartwrights and drivers, debates on the right to strike in the annals of the Constituent Assembly of 1890 and the Criminal Code of 1890. In this sense, it is sought to investigate, from the experiences of the workers' strike, the process of criminalization / decriminalization of the strike in the Penal Code of 1890, the amendment of articles 205 and 206 of that legal Influence of the striking movement of the carmen and coachmen in the position of the government in relation to the strike.

The question to be answered is: After all, have the solutions and answers that turned out to be law meet the interests of the workers?

1916 - Just Before the Civil Code

This research aim to understand the legal grounds applicable on civil matters between 1850 and 1916, just before the validity of the Civil Code of 1916, set by Law no. 3,071, dated of January 1st, 1916, coming into force on January 1917. Analyzing several documental sources, such as proceedings kept in the National Archive, newspapers, doctrine and judicial decisions of that time, the purpose is the widespread idea that Civil Law would be based mainly on the so called 'Ordenações Filipinas' (rule set by King Philip II of Spain, and confirmed by King John IV of Portugal), since other sources were already available in Brazil. In our investigation, we have researched approximately 50 lawsuits from the Civil Court of Rio de Janeiro, from the period between 1850 and 1916, which were available in the National Archive. The investigation is currently focused on the analysis of other documental sources and on the expansion of the research in other archives

1937 - Habits and customs at the time of the Constitution of 1937

The purpose is to track the records of the habits and customs of the society when the Constitution of 1937 was in force. Assuming that the historical work is based on filling gaps, The research aim to focus on the most revelant moments when this subject was addressed, trying to understand such historical context. This project does not aim to discuss the legality and legitimacy of the Constitution of 1937, but rather to analyzed the role it played in the country during the short period when it was in force. In this regard, the article has to with historiography to a certain extent, since it will be based on several sources. The investigation will be carried out by analyzing the main constitutional law doctrine repertoire, the decrees issued within the historical period called 'Estado Novo', and newspaper records, so as to figure out if the Constitution was accepted and effectively applied within the social background of that time. We aim to provide evidence of the application of the Constitution within the period it was in full force, objecting the idea that Constitutions would not effectively exist or rather remain dead letters.

1937 - Pontes de Miranda and the Constitution of 1937

This article aims to analyze Francisco Cavalcanti Pontes de Miranda's speeches about the Brazilian Constitution of 1937. The subject was chosen due to the fact that Pontes de Miranda had changed his mind about the application of the Constitution. First, we will analyze the works 'Comments on the Constitution of November 10th' and 'Constitution of 1946', which will lead to the conclusion that the jurist changed his opinion on this issue. After, we will analyze the jurist's opinion expressed in unofficial sources, such as newspapers of that time, in order to figure out what he understood about the constitutional text. The importance of this research relies on the fact that some constitutionalists have criticized this Constitution based on quotations from Pontes de Miranda (taken from his work 'Comments on the Constitution of 1946'). Therefore, this work aims to bring evidence of how Pontes de Miranda changed his mind about the Brazilian Constitution of November 10th, 1937.

1946 - The right to strike according to the Constitution of 1946

The research aims to question the commonly held belief that the 1946 Constitution established the right to strike due to a postwar democratic trend and this represented a victory for Brazilian workers.

Analyzing the debates recorded in the annals of the Constituent Assembly of 1946, the present investigation aims to refute the idea of progress commonly associated with the positive law, through a dynamic observation of the forces involved, the speeches, the resistances and the grounds in which political and legal arguments were used so as to acknowledge or not the right to strike.

The evolution of the speeches, the behavior of the society and media mass are overlooked, aiming at a historical reconstruction capable of promoting a discussion, without using the assumption that the legitimacy of the right should arise from a major and unbiased rationality.

The recognition and affirmation of the right to strike in the Constitution of 1946 was not peaceful. Instead, it was a result of an intense dispute which was later forgotten, leading to a misunderstanding about the circumstances related to such historical fact.

This research is based on the assumption that we shall always question ourselves if the constituent power unveils a brand new legal system, without any defects, and reflecting the society's rationality.

History of the right to strike in Brazil

Research 'Law, Violence and Citizenship: a debate on the right to strike in the period called Estado Novo'. This research project aims to discuss the relationship between the right to strike in the transitional phase between the so called Primeira República (First Republic - 1889-1930) - comprising the provisory government (1930-1937) - to the period called Estado Novo (New State - 1930-1945). The purpose is to figure out how the right to strike - which used to be pacifically accepted by the doctrine, the jurisprudence and many law and social thinkers of the First Republic - turned out to be criminalized during the New State (considering, e.g., that in 1920 the Brazilian Supreme Court recognized the constitutionality of the right to strike in Brazil). Thus, the research aims to examine how an affirmed right - which was later on criminalized - was exercised or not by the Brazilian people. The purpose is to realize the legal experiences and mindsets related to the right to strike. If the right to strike was affirmed by the legal system in force and exercised in spite of the violent repression of the Executive Branch within the First Republic, it is convenient to examine how jurists, striking workers and judges reacted to the criminalization of a right that was so far affirmed and therefore effective. The research will focus on examining this lengthy legal and political struggle for a right beyond its recognition within the legal system.

Myth of the granting and labor theories in Brazil

The research 'Myth of the granting and labor theories in Brazil' aims to demystify the 'granting myth' by analyzing official documents, contemporary literature and also from the decades of 30 and 40, the context, people's speeches and the facts occurred during and after Vargas' government, in order to figure out the reasons which led the government to carry out an action plan which aimed to meet the need of new labor laws bringing benefits to workers. The research comprises two parts: the first one will focus on the study of Vargas' government ministers' speeches or publications, whereas the second one will focus on publications from the previous and later periods with regard to the concept called 'trabalhismo' (a doctrine dedicated to the proletariat). The latter will be developed by analyzing such publications, with the purpose to rethink the traditional theory which considers the concept of 'trabalhismo' as Vargas' concession of labor laws to the workers, aiming to highlight the interference of a governmental project in such construction. The last target of the research is to develop a crossover point between the two parts above-mentioned, making it possible to reflect over the history of labor laws, through a sociological and historical view of the facts occurred during the decades of 30 and 40 in Vargas' government.

Kelsen in Brazil

'Hans Kelsen's visit to Rio de Janeiro: August, 1949' and our research counts on the participation of: Pedro da Costa Ribeiro, Eini Rovena (post-graduation researcher) and Marina Ferreira (graduation researcher). The goal of this research is to rebuild the circumstances under which Hans Kelsen came to Brazil, in a visit to the capital of the Republic at that time, from August 25th to September 2nd, 1949. The work will be based on institutional archives (which are still untapped in Rio de Janeiro), besides from journals, documents and publications from that time. Within these records, the target is to analyze the academic events that took place within such period, of which the Professor from Viena took part. The research will face specific literature which addresses directly or indirectly the facts above-mentioned, proposing its revision based on new data collected. Moreover, the research aims to find new interpretation possibilities arising from this background and to bring new debates on the subject analyzed. The description of the author's journey will highlight his production as an internationalist in such period, making it possible to realize his relevance in the country, just after his trip to Rio de Janeiro. The research will take into account the underlying historical context and may have crossover points with other studies, such as the one about Kelsen's legal opinion on the Brazilian Constituent Assembly of 1933-1934.