Análise dos argumentos jurídicos das apelações criminais remetidas ao tribunal da relação do Rio de Janeiro contra decisões da província do Espírito Santo entre 1820-1842

Abstract

This work seeks to analyze the legal organization of the Brazilian imperial period, more specifically, the decisions of the province of Espírito Santo that were the subject of appeal and, therefore, sent to the Court of Appeal of Rio de Janeiro between 1820-1842. The aim is to discuss the legal arguments used by lawyers in these criminal cases, in a reflection on the influence of the political context experienced, marked by Independence and Liberalism. Thus, we proceed to understand the structure and functioning of the Judiciary after the advent of Independence, examining the main studies on judicial organization in the 19th century, as well as studies on the theory of legal argumentation and its importance in the progress of the criminal process. Next, we draw a profile of the criminal appeals, identifying the location where the processes took place, the crimes committed, the characters involved, always in the light of the relevant bibliography. Finally, we turn to the analysis of the legal arguments found in the records collected, the institutes and premises evoked by the lawyers of the parties involved and how the legal culture of the time was present in these allegations. To do so, we use the theory of legal argumentation, mainly regarding persuasion and rhetoric.