Ius Commune – Grupo Interinstitucional em História da Cultura Jurídica

On 17/06, at 11am, The Ius Commune – Interdisciplinary Group on The History of Legal Culture UFSC/CNPq in partnership with other research groups in the history of legal culture, organizes a debate with Prof. Paolo Cappellini of the University of Florence (Italy), a conversation on the codification of law in the bicentenary of napoleon’s death, who carried out such legislative policy in France and the occupied territories. The broadcast will be live on our YouTube channel.

YouTube channel: https://www.youtube.com/c/AvdotiaIusCommuneUFSC

Partner Groups:

• Studium Iuris – Grupo de Pesquisa em História da Cultura Jurídica (UFMG);
• Iura Populorum – Grupo de Estudos e Pesquisa em História da Cultura Jurídica (UniFAP);
• Percursos, Narrativas e Fragmentos – Grupo de Pesquisa em História Constitucional Brasileira (UnB);
• CERCO – Controle estatal, racismo e colonialidade (UFRJ);
• Direito, Democracia e Participação Cidadã (Unochapecó);
• Ius Gentium – Grupo de Pesquisa em Direito Internacional (UFSC);

On 13/05, at 11:00 a.m., we will meet several research groups to discuss the recent book of the dear friend and fellow law history professor at the University of Milan (Statale) on the Atlantic trafficking of Africans to be enslaved in the Americas. The research was used by multiple sources that take into account both the legal dimension and that of legal thought and judicial and diplomatic praxis.

It is with joy to present the book Studies in history of criminal law and criminal justice, organized by Professor Diego Nunes from the collective effort led by Ius Commune – Research Group on The History of Legal Culture – UFSC/CNPq and with the help of Studium iuris – Research Group on The History of Legal Culture – UFMG/CNPq, as well as historians of brazilian and European law. This book aims to contribute to the affirmation of the field of the history of law in Brazil, and the history of criminal law and criminal justice in particular.

The work takes care of a temporal arc with approximately two centuries, encompassing the foundation of legal modernity at the end of the eighteenth century, and nineteenth century and some modern declinations throughout the twentieth century.

Click here to access the full book!

Contents

Presentation

Technical Note

Contents

Part I

History of Criminal Law and European Criminal Justice

• Chapter 1 | Judicial sources and legal sources: reflections on the current stage of studies on the history of crime and criminal justice – Mario Sbriccoli
• Chapter 2 | The legislator’s response: reforms and restorations in criminal justice after Beccaria – Ettore Dezza
• Chapter 3 | Cain’s mark: the search for the “delinquent man” between medicine and law – Paolo Marchetti
• Chapter 4 | The role of the “personality of the State” in the criminal elaboration of Italian fascism: laesa maiestas and technicality-legal in the Rocco Code (1930) – Arno Dal Ri JR., Kristal Moreira Gouveia
• Chapter 5 | Extraction in fascist Italy (1922-1943) and in Brazil by Getúlio Vargas (1930-1945): between the rise of the “criminal law of fascism” and the survival of the liberal tradition of criminal law – Diego Nunes

Part II

History of Criminal Law and Luso-Brazilian Criminal Justice

• Chapter 6 | “Without perfect and legal proof no one should be punished”: the regime of evidence in the project of Criminal Code of Mello Freire – Marina Tanabe do Livramento, Murilo Aparecido Carvalho de Robbio
• Chapter 7 | Reminiscences of death as a penalty in the portuguese criminal codification process: from the Philippine Ordinances to the Penal Code of 1886 – Giácomo Tenorio Farias
• Chapter 8 | The last hanged in the province of Rio de Janeiro (1869): notes to the “biography of Ramon Nietto by a fellow inmate” – Joao Luiz Ribeiro
• Chapter 9 | Absence of criminalization of women who abort in the Criminal Code of 1830: the protection of private spheres of punishment before the slave regime – Barbara Madruga da Cunha, Mario Davi Barbosa
• Chapter 10 | From apothecaries to traffickers: the mistaken belief in terminological and dogmatic identity as a character of continuity in brazilian criminal drug policy between the Criminal Code of 1890 and the special criminal laws of the 1910s and 1920s – Ricardo Ávila Abraham, Carlos César Rodrigues
• Chapter 11 | The legal culture of criminalization of Afro-Brazilian religions: the experience of São Pedro do Uberabinha (Minas Gerais) – Vanilda Honória dos Santos, Biatriz Bittencourt de Assis
• Chapter 12 | Reflections on the Positive School: the reinterpretation of its institutes in the Brazilian Penal Code of 1940 – Julia Farah Scholz
• Chapter 13 | The crime of abortion in the Penal Code of 1940 and its “substitute” of 1969: a feminist analysis of discourses for its maintenance – Barbara Klopass Locks by Godoi, Tayná Ferreira

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.