Dualidade de poderes no alvorecer do Brasil Constitucional (1821 a 1824)

This article objective is to briefly outline the history of the process that culminated in the granting of the first Brazilian Constitution, highlighting the dual power between the Powers that fought for the political and juridical hegemony in Brazil from 1821 to 1824. The selected period starts wit...

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Bibliographic Details
Main Author: Ortiz Meinberg, Marcio
Format: Article
Language:Portuguese
Published: 2018
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6536545
Source:Historia constitucional: Revista Electrónica de Historia Constitucional, ISSN 1576-4729, Nº. 19, 2018, pags. 443-465
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Summary: This article objective is to briefly outline the history of the process that culminated in the granting of the first Brazilian Constitution, highlighting the dual power between the Powers that fought for the political and juridical hegemony in Brazil from 1821 to 1824. The selected period starts with the inauguration of the General and Extraordinary Courts of the Portuguese Nation ("Portuguese Courts" or "Courts from Lisbon") in 1821 and ends with the granting of the "Political Constitution of the Empire of Brazil" by Dom Pedro I in 1824. The dual power is presented in two distinct moments: in the first moment the dispute was between the Prince Dom Pedro (heir to the Crown of Portugal, who was regent of Brazil) and the Portuguese Courts; and, in the second moment, the dispute was between the Emperor Dom Pedro I and the Constituent and Legislative General Assembly of Brazil. The study was performed according the historical method, by the reconstruction of the history of the selected period thru the analysis of the legislative documents of that time, and finishes with a conclusive and opinionated synthesis.