Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899)
The present work seeks to answer the question: how the birth of public penal action conditionate to representation in Brazil, was related to non-institutionalized justice practices connected with the cattle theft. To achieve this goal, we will analyze the birth of the penal action conditioned to the...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Instituto Brasileiro de Direito Processual Penal
2019-06-01
|
| Series: | Revista Brasileira de Direito Processual Penal |
| Subjects: | |
| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/214 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849404242749554688 |
|---|---|
| author | Lucas Ribeiro Garro |
| author_facet | Lucas Ribeiro Garro |
| author_sort | Lucas Ribeiro Garro |
| collection | DOAJ |
| description | The present work seeks to answer the question: how the birth of public penal action conditionate to representation in Brazil, was related to non-institutionalized justice practices connected with the cattle theft. To achieve this goal, we will analyze the birth of the penal action conditioned to the representation and its relation with the crime of cattle theft, between 1860, year of birth of this crime, and 1899, when this penal action was no more applied to the cattle theft crime. This examination will be based on national and international legal context, through a historical-comparative perspective, contextualizing the discourses about this action and the crime of cattle theft in the scope of its national and international interlocutors. In order to do so, we used methodological tools based on the comparative history of law, such as the international insertion of the study object to understand the possible relation between the conditioned public criminal action and the practices of negotiation between the parties. From these perspectives, we analyzed parliamentary debates, national and international doctrines on criminal action. Until now were discovered that the search for the “publicization” of criminal justice in Brazil was marked by negotiations in a way that the non-state justice was not eliminate but absorbed and overlaid by the state justice. |
| format | Article |
| id | doaj-art-a4e540740f6d4d04941b09daa7667727 |
| institution | Kabale University |
| issn | 2525-510X |
| language | English |
| publishDate | 2019-06-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-a4e540740f6d4d04941b09daa76677272025-08-20T03:37:03ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2019-06-01521107114210.22197/rbdpp.v5i2.214126Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899)Lucas Ribeiro Garro0Universidade Federal de Minas Gerais - UFMGThe present work seeks to answer the question: how the birth of public penal action conditionate to representation in Brazil, was related to non-institutionalized justice practices connected with the cattle theft. To achieve this goal, we will analyze the birth of the penal action conditioned to the representation and its relation with the crime of cattle theft, between 1860, year of birth of this crime, and 1899, when this penal action was no more applied to the cattle theft crime. This examination will be based on national and international legal context, through a historical-comparative perspective, contextualizing the discourses about this action and the crime of cattle theft in the scope of its national and international interlocutors. In order to do so, we used methodological tools based on the comparative history of law, such as the international insertion of the study object to understand the possible relation between the conditioned public criminal action and the practices of negotiation between the parties. From these perspectives, we analyzed parliamentary debates, national and international doctrines on criminal action. Until now were discovered that the search for the “publicization” of criminal justice in Brazil was marked by negotiations in a way that the non-state justice was not eliminate but absorbed and overlaid by the state justice.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/214Ação PenalNegociaçõesHistória do DireitoHistória do Processo Penal |
| spellingShingle | Lucas Ribeiro Garro Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) Revista Brasileira de Direito Processual Penal Ação Penal Negociações História do Direito História do Processo Penal |
| title | Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) |
| title_full | Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) |
| title_fullStr | Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) |
| title_full_unstemmed | Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) |
| title_short | Cattle theft, criminal action and non-state justice: the birth of public penal action conditionate to representation in Brazil (1860-1899) |
| title_sort | cattle theft criminal action and non state justice the birth of public penal action conditionate to representation in brazil 1860 1899 |
| topic | Ação Penal Negociações História do Direito História do Processo Penal |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/214 |
| work_keys_str_mv | AT lucasribeirogarro cattletheftcriminalactionandnonstatejusticethebirthofpublicpenalactionconditionatetorepresentationinbrazil18601899 |