Dual Power at the down of the Constitutional Brazil (1821 to 1824)

Abstract

The objective of this article 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 in 1824. The dual power was manifested 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 has been conducted according to the historical method, by reconstructing the history of the selected period through the analysis of the legislative documents of that time, and finishes with a conclusive and opinionative synthesis.

Enviado el (Submission Date): 02/03/2018
Aceptado el (Acceptance Date): 16/04/2018