Ius Commune – Grupo Interinstitucional em História da Cultura Jurídica

The study group of Ius Commune takes place every semester in order to foster and deepen the knowledge of students and researchers about the History of Law, through the study and discussion on legal phenomena in history, enabling an introduction to the debate on the themes Of Law, State and Modernity.

This semester will have as its theme the History of Women in Legal Culture. The objective is to discuss the main claims and forms of female resistance in Brazil during the 19th and 20th centuries, focusing on women’s actions in the struggle for rights.

The meetings will take place on Tuesdays, 16:30, from March 2, and will follow the axes:
▶️ March 02: Introductory meeting
▶️ March 09: Right to education
▶️ March 16: Struggles for freedom
▶️ March 23: Labor rights
▶️ March 30: Legal careers
▶️ April 6: Right to vote
▶️ April 13: Combating violence
▶️ April 20: Sexual freedom
▶️ April 27: Reproductive rights

Participation in the group has a 40-hour extension certification for those who have a minimum attendance of 75% of the meetings. Registration is open on the portal “UFSC Registrations”: http://inscricoes.ufsc.br/mulheres-na-cultura-juridica.

Everyone will be very welcome, whether internal members or external to the UFSC community!

The result of the selection process is HERE.

The Ius Commune – UFSC/CNPq (Group of Studies and Research in the History of Legal Culture), together with studium Iuris – UFMG (Research Group on The History of Legal Culture) will hold a webconference, on December 15, 2020 – 19:00 with the theme Women Victims and Offenders in the Beginnings of Modern Criminal Law with Professor Ana Lúcia Sabadell (UFRJ) as a lecturer.

▶️ Lecturer: Prof. Ana Lúcia Sabadell (UFRJ)

▶️ Moderator: Prof. Arno Dal Ri Júnior (UFSC)

▶️Debaters: Diego Nunes (UFSC), Luana Renostro Heinen (UFSC), Marilía de Nardin Budó (UFSC) and Ricardo Sontag (UFMG).

▶️ Will be issued by UFSC a certificate of 2 hours / class for those who attend;

▶️ Subscription must be made on the link http://inscricoes.ufsc.br/mulheres-delinquentes-nos-primordios-do until 15/12 (Tuesday).

We’re waiting for you all!

Ending the year with a golden key, Ius commune promotes the launch of the book entitled “State Racism and Its Ways to Make Death”, next Tuesday, 15/12, at 14h. This powerful writing book is the result of Lorena Silva Oliveira’s master’s thesis in philosophy, nominated for the Philosophers Award.

Born in the city of Prata, Minas Gerais, Lorena Oliveira holds a Master’s degree and a Degree in Philosophy from the Federal University of Uberlândia. Currently, doctoral student in Philosophy by the Post-Graduation Program in Philosophy / PPGF-UFRJ. She is a researcher in African and Afrodiasporic Political Philosophies and Education for Ethnic-Racial Relations.

The book is an invitation to reflect on the discovery of the mechanics of the device called racism and its modus operandi in a perspective of necropower, which results in the genocide of black youth. The author considers this investigation “a motto of life”. To this end, it articulates the conceptions of Michel Foucault and Achille Mbembe, based on the concepts of biopower, state racism and necropolitics.

The expansion of this reflection is urgent and necessary in the area of the legal sciences. Likewise, it is fundamental to construct spaces of intersubjectivation with the other areas. It is a painful path, but above all necessary for the construction of the possibility of recognition of humanity and of the future for the black population.

The event will take place via live on Youtube, which will be recorded and made available on our Channel. Participation in the webconference will grant a 2h/class certificate to participants. We will count on the participation of Luciano Goés, phD student in Law at the University of Brasília (UnB), and Mario Davi Barbosa, master’s degree in Theory and History of Law by PPGD (UFSC), as commentators; and Vanilda Santos, PhD student in law at PPGD/UFSC, as a mediator.

Subscription Link: http://inscricoes.ufsc.br/racismo-de-estado-e-suas-vias

Mário, who participates in the book’s launch event as a commentator, is a master’s student in Theory and History of Law by PPGD (UFSC). Postgraduate in Criminal Law and Criminal Procedure from CESUSC College (2012). He holds a law degree from CESUSC College (2010). He has experience in law, with emphasis on Public Law, working mainly on the following topics: history of criminal law, justice systems, criminal law and slavery.

Luciano, who also participates in the book’s launch event as a commentator, is a doctoral student in Law at the University of Brasília (UnB). Professor of postgraduate courses, specialization in Criminology, Brazilian Institute of Criminal Sciences (IBCCRIM) and Criminal Sciences (lato sensu) of CESUSC College. Member of the Brazilian Institute of Cultural Criminology. 2nd place, in the Law category, of the 59th Jabuti Prize (2017) with the work: The translation of Lombroso in the work of Nina Rodrigues: racism as a structuring basis of Brazilian Criminology.

Vanilda, mediator of the book’s launch event, is a doctoral student in Law from PPGD/UFSC. Master in Philosophy UFU (2012). Graduated in Law (2018) and Philosophy (2010) UFU. Member of Ius Commune – Interinstitutional Group of History of Legal Culture UFSC/CNPq. Member of the National Association of Black Advocacy (ANAN). Member of the Brotherhood Reinado do Rosário de Rio Paranaíba – MG.

When: 01/12, Tuesday, 14h – 15h30
Where: Google Meet platform (link will be emailed to subscribers)

Subscription Link: http://inscricoes.ufsc.br/historias-sobre-quem-somos

What is the status of a discipline that deals with the history of a consolidated area of research? In this discussion, we intend to deal with two particular cases of this general issue: the History of Philosophy and the History of Law.

Each of the two cases has salient peculiarities: for example, the History of Philosophy is a discipline consecrated in the curricula of philosophy courses, it is a field that is part of the expertise expected of a professional philosopher and, for part of the philosophical community, is the philosophical exercise par excellence (and, in the most extreme versions of the thesis, the only possible). On the other hand, the History of Law occupies a very different position: it is not, at least in Brazil, a consolidated part of curricula and the object of systematic investigation and bibliographic production that confronts a history of naïve law that is sometimes told despite the lack of evidence in its favor and a critical look capable of identifying elements of social power that this naïve version creates and consolidates.

In this sense, this round table aims to explore some specific difficulties of each area. In favor of a History of Law, Professor Diego Nunes intends to discuss theoretical difficulties for the establishment of a community of law historians who guide their investigations using consolidated tools of search and organization of historical evidence, moving away from a “pseudo-scholarly baccalaureate” that infiltrates the naïve version.

Alternatively, given the place of the History of Philosophy in the Brazilian philosophical tradition, Professor Alexandre Meyer Luz intends to discuss difficulties for the consolidation of a philosophical tradition centered on problems as an alternative to the place of honor often attributed to historiographic work.

Despite the differences between the subareas, the authors intend to suggest that there are many common points that deserve joint attention: epistemological issues, such as the question about the status of subareas as potential producers of knowledge; questions about the symbolic power that the sub-areas carry and distribute, etc.

Therefore, with the aim of creating a space for exploring these common issues.

All invited!

Epidemic diseases, throughout history, have been transpassed through by political and social factors, affecting different groups of people and enabling a range of responses. Historically, epidemics and ideologies spread in the same way, providing the emergence of social conflicts and resistance to interventionism and attempts to medicalize society.

The classification of a state as a disease is not a socially neutral process, and in health administration it becomes a fine line between legitimacy and stigma. At the same time, the impact caused by epidemic disease on society could become a factor of legitimization of government intervention, through legislation that would establish a form of social control, reformulating the relationships between individuals and between individuals and institutions.

In this sense, Ius Commune presents the webconference “THE CITY OF RIO DE JANEIRO AND THE SPANISH FLU: the right of emergency and the authoritarian administrative discourse (1918-1919)”, to be held next Tuesday, 24/11, at 16:30, by the Google Meet platform. The web conference will be recorded and made available on our Youtube channel. Participation in the webconference grants 2h certificate/class. The link to participate will be sent to subscribers. It will be attended by Gabriel Faustino Santos, as a lecturer; Marja Mangili, as a commentator; and Professor Diego Nunes, as mediator.

Subscription link: http://inscricoes.ufsc.br/a-cidade-do-rj-e-a-gripe-espanhola

Our lecturer, Gabriel Faustino Santos, holds a law degree from the Federal University of Uberlândia, completed in 2014. He holds a Master’s degree in Law from the Federal University of Uberlândia, completed in March 2018. He is currently a doctoral student enrolled in the third year of the Corso di Dottorato in Scienze Giuridiche, Curriculum Storia and Teoria del Diritto, Ciclo XXXIV, Università Degli Studi di Macerata.

Our commentator, Marja Mangili was graduated in 2015 in Law from the Federal University of Santa Catarina. She holds a Master’s degree in Theory and History of Law from the Graduate Program in Law from the Federal University of Santa Catarina (UFSC) in 2017. She has been a doctoral student since 2017 in the area of Law, State and Society by the Post-Graduation Program in Law (PPGD). Research on the concept of legal interpretation during the First Republic from the perspective of Theory and History of Law. Member of the research group Ius Commune.

Finally, our mediator, Professor Diego Nunes, has experience in the area of History of Law, with emphasis on History of Criminal Law and Criminal Justice and Constitutional History, acting mainly on the following topics: political crimes and national security, Criminal Law in authoritarian states, courts of exception, relations between codifications and extravagant laws, extradition and international defense against crime. Currently the professor has posted several videos for the series “History of Criminal Law on video” on his YouTube channel, with the aim of presenting the various stages of criminal justice and criminal law throughout history, through videos recorded by experts in the area that present syntheses about a certain historical period. It’s worth checking out!

We count on the presence of all and until then!

On 14 October 2020, Wednesday, at 11:30 am (Brasília time), the Studium Iuris – Research Group on the History of Legal Culture (UFMG), in collaboration with the Ius Commune – Research Group on the History of Legal Culture (UFSC), will promote a conference with Professor Jean-Louis Halpérin (École Normale Supérieure – Paris), in which he will discuss his recent book “Histoires Contemporaines du Droit”, written in co-authorship with Anne-Sophie Chambost and Frédéric Audren.

The conference will be held in English.

The conference will be broadcast via YouTube: https://www.youtube.com/channel/UCUFoIR7kgWpf2VgK3NtsaZg

Subscription Link (non-compulsory): https://docs.google.com/…/1uTI4PpXjGprF5wYEyHfUkpSESXuV…

On the day of the event, a virtual form will be made available to listeners who wish to send questions to be discussed during the conference.

The book “Histoires Contemporaines du Droit” (“Contemporary Histories of Law”) outlines a wide and up-to-date range of methodological possibilities for making legal history of the 19th and 20th centuries. The authors propose a critical overview of the discipline, encouraging historians to view legal actors, norms, and activities through the prism of controversy, interdisciplinarity, and global legal history.

Prof. Bernardo Sordi will discuss on wednesday, 23 September his new book Diritto pubblico e diritto privato. Una genealogia storica (Bologna, Il Mulino, 2020). The webinar will be held in partnership between Studium Iuris – Research Group on History of Legal Culture (UFMG), Ius Commune – Research Group on History of Legal Culture (UFSC) and Università di Firenze (phD School in Legal Sciences, curriculum Theory and History of Law).

The conference will be held in English.

Time: 11:30 (Brazil); 16:30 (Italy)

The conference will be broadcasted through YouTube in this link: https://www.youtube.com/channel/UCUFoIR7kgWpf2VgK3NtsaZg

Subscription Link (non mandatory): https://docs.google.com/…/1vvyH1v0oaqhwgii…

The questions during the conference shall be made through a form, which will be made avaliable during the event.

“From the point of view of jurists, public and private are ancient words, but the long itinerary that announces this great dichotomy starts only with the arrival of the modern state, which shapes public law, at the same time as private law is captured by the orbit of legal individualism. With the demise of the ancient regime, the dichotomy will be turned into the foundation of the entire legal system, embodying the typically nineteenth-century balance between state and society, sovereignty and rights; the twentieth century, on the other hand, will disrupt these boundaries, introducing compromises and mixtures between state and economic, social and individual, general interest and special interests. In more recent years, the intensity of economic globalization and the impoverishment of constitutional programs suggest a new primacy of private law. In the perspective of a renewed unity of the legal system, this book investigates the relationship between the ‘two laws’ in their stratified historicity, inviting us to reflect on the need for a reasonable balance between personal and collective needs, rights and duties, guarantees and powers”.

The Ius Commune – Interinstitutional Group on The History of Legal Culture – UFSC/CNPq, coordinated by Professors Ds.Sc. Arno Dal Ri Jr., Caetano Dias Corrêa and Diego Nunes invites the entire academic community to participate in the 33rd module of discussions entitled “The Frontiers of Freedom in Brazil: legal perspectives between the 16th and 19th centuries”.

Slavery, a phenomenon closely linked to the process of formation of Brazilian society, had to be coated with legal legitimacy that supported in the theoretical level the domain of one over the other and the restriction of freedom, this from legal forms and institutes that were being applied, interpreted and re-meant by jurists until its extinction.

The objective of the module is, therefore, to discuss the various ways of looking at this phenomenon from the discussion about freedom and its legal boundaries, demonstrating how historical individuals had to deal with and experience slave experiences, whose great challenge was to establish the limits between what it meant to be free or not and consequently to envision the precariousness of the free being and the challenges of seeking the recognition of freedom as a right.

It is expected to read the basic and complementary texts available in advance. To access the bibliography, just click on this link and access our Drive:

https://drive.google.com/drive/folders/1vODEuCAN_QYRs9EpdAGQdVNpvErqExgZ?usp=sharing

A certificate of participation will be granted with 20h for those who participate in 75% of the meetings of the study group (participate in at least 6 meetings). The opening meeting of the module will be on 22/09, at 16:30 and other meetings will continue to take place weekly, on Tuesdays, at the same time. Registration can be made by the form available at this link: http://inscricoes.ufsc.br/ius-commune-modulo-2020-1

The event will take place via Google Meet and the room link will be sent by email to subscribers. We count on the participation of all! Until then!

MEETING AND READING SCHEDULE

1st Meeting – 09/22/20 – Presentation of the theme of study, calendar of meetings and division of texts and rapporteurs.

2nd Meeting – 09/29/20 – Slavery and its legal form.

Base text: Direito das pessoas; Escravos. In: HESPANHA, Antônio Manuel. Como os juristas viam o mundo: 1550-1750. p. 203-220.

Historical source: Copus Iuris Civilis (Digesto). Ulpiano. Instituições, Livro I (pp. 24/25).

Complementary Text: GRINBER, Keila et alli. Escravidão, liberdade e direito no Atlântico escravista (Capítulo 1, pp 7-24). In: GRINBER, Keila et alli. Escravidão e liberdade nas Américas. Rio de Janeiro: FGV, 2013.

3rd Meeting – 10/06/20 – The question of the enslavement of the Indians: the indigenous condition in Dutch Brazil.

Base text: VAINFAS, Ronaldo. O plano para o bom governo dos índios: um jesuíta a serviço da evangelização no Brasil Holandês. In: Clio – Série Revista de Pesquisa Histórica – N. 27-2, 2009 (p. 145/162).

Historical source: Revista do Instituto Archeológico e Geographico Pernanbucano. Sessão Especial de 9 de maio de 1886. Recife: Tipologia Industrial, 1886.

Complementary Text: BOXER, G R. Os Holandeses no Brasil (1624-1654). Edição Ilustrada. Brasiliana (Volume 32);

RIBAS, Maria Aparecida de Araújo Barreto. O leme espiritual do navio mercante: A missionação calvinista no Brasil holandês (1630-1645). Tese de douturado. Niterói, UFF, 2007.

4th Meeting – 10/13/20 – The enslavement of blacks and their justifications.

Base text: HESPANHA, Antônio Manuel. Luís de Molina e a escravização dos negros. In:Análise social, vol. XXXV (157), p. 937-960.

Historical source: Aristóteles. Política. I, 4 (A servidão natural; A servidão convencional).

5th Meeting – 10/20/20 – Precarious freedom: the 17th century. XIX and its impasses

Base text: LIMA, Henrique Espada. Sob o domínio da precariedade: escravidão e os significados da liberdade de trabalho no século XIX. In: Topoi, v. 6, n. 11, jul-dez 2005, pp 289-326.

Historical source: FONSECA, Francisco Xavier Dias. Recibo de venda de um escravo. 15/12/1858; ALENCAR, José Martiniano de. Carta de Alforria. 1855; LIMA, Francisco Xavier Pinto. Matrícula de escravo. 09/07/1872.

Available in the Brazilian Slave Trade section of the National Library: http://bndigital.bn.br/projetos/escravos/galeriamanuscritos.html

Complementary Text: GRINBERG, Keila. Senhores sem escravos: a propósito das ações de escravidão no Brasil Imperial. Almanack Braziliense, v. 6, p. 01, 2007.

6th Meeting – 10/27/20 – Freedom and illusions: illegal trafficking and the issue of free Africans

Base text: MAMIGONIAN, Beatriz Gallotti. Os direitos dos libertos africanos no Brasil oitocentista: entre razões de direito e considerações políticas. In: História (São Paulo) v.34, n.2, p. 181-205, jul./dez. 2015 ISSN 1980-4369.

Historical source: Lei de 7 de novembro de 1831 (Lei Feijó); Lei nº 581, de 4 de setembro de 1850 (Lei Euzébio de Queiroz). Art 179 do Código Criminal do Império do Brazil.

Complementary Text: SÁ, Gabriela Barretto de. Capítulo 2: O Contexto do texto: O crime de reduzir pessoa livre à escravidão no Código Criminal do Império do Brasil. In: O crime de reduzir pessoas livres à escravidão nas Casas de Morada de Justiça no Rio Grande do Sul (1835-1874) Dissertação de Mestrado. UFSC/CCJ/PPGD. 2014.

7th Meeting – 11/03/20 – The “actions of freedom”: the meanings of living on one another and the borders of slavery.

Base text: CHALHOUB, Sidney. Visões da liberdade: uma história das últimas décadas da escravidão na Corte. São Paulo: Companhia das Letras: 2011 (p. 116-161 (Capítulo 2 – Visões da liberdade).

Historical source: Lei Imperial nº 2.040, de 28 de setembro de 1871 (Ventre Livre); Lei Imperial nº 3.270, de 28 de setembro de 1885 (Sexagenários).

Complementary Text: FERREIRA, Daniel Carvalho. Sob a liberdade: condições socio-históricas de possibilidade do alargamento do “espaço de possíveis” na Corte Imperial. In: O Juízo dos Libertos: Bacharéis da Corte, escravidão e campo jurídico no segundo reinado (1850-1871). Dissertação de Mestrado. Belo Horinzonte: UFMG.

8th Meeting – 11/10/20 – Beyond abolition: debate on the ruptures and continuities of slavery in the twentieth century.

Base text: PINTO, Ana Flavia Magalhães. Raça, abolicionismos e cidadania nos anos de 1880 (Capítulo 6, pp 187/220). In: Fortes laços e linhas rotas: Literatos negros, racismo e cidadania na segunda metade do século XIX. Tese de doutorado. Campinas, UNICAMP, 2014.

Historical source: Lei Imperial nº3.353 de 13 de maio de 1.888.

Complementary Text: GATO, Matheus. “Ninguém quer ser um treze de maio”: Abolição, raça e identidade nacional nos contos de Astolfo Marques (1903-1907). In: Novos Estudos. CEBRAP, São Paulo, V 37, N 01, JAN/ABR 2018, pp 117/140.

On August 18, at 16h00, will be held round table with the international participation of the Italian sociologist Dr.S. Renzo M. Grosselli, professor Dr.S. Arno Dal Ri Jr., ufsc, and master’s student Andrey José Taffner Fraga, also of UFSC, to discuss issues pertaining to Italian nationality, at the age of twenty years of Law 379/00 (which recognized the right to Italian nationality to people born in the annexed territories of the Hungarian Austro empire and their descendants), as well as the identity of italian tiroleses in Brazil.

The organization of the event involves the research groups “Ius Gentium” and “Ius Commune”, both from the Federal University of Santa Catarina, and the broadcast will be carried out through the channel “Ius Gentium UFSC”, on You Tube.

At the time, participants will be able to interact by sending questions to the debaters. Subscription can be done through the following link:

https://docs.google.com/forms/d/e/1FAIpQLScOzk8333Am6AMqQ3u9IDhWiMt_vAicJuKa5oZ8_M21yKTeA/viewform.

On the day of the event, a second form will be made available for those who wish to confirm attendance and receive a 2-hour certificate of extension activity.