O juiz de Paz sob perspectiva: O início da participação político-eleitoral no Brasil e na França do Oitocentos

Abstract

In the first decades of the nineteenth century in Brazil began the construction of the
guiding principles of the forms of popular participation in the Judiciary, among which stands out the Judge of Peace. The Constitutional Charter of 1824 ensured the basic guarantees of the institute and has established its elective condition however, the regularization of their duties and of the electoral process has been delegated as task to the National Assembly. Imbued with the liberal thought of the time, the ruling national Elite national started writing the law about the new judge in 1827. In addition to this Organic Law, other legislative procedures have been created in order to define the legal basis of this magistrate, whose approach to the ongoing primary elections became evident over the period of 1827 to 1842. In the electional scope, it has been attributed to the Judge of the Peace the presidence of the Parochial Assembly and, therefore, activities concerning the organization of municipal pleas were under his responsibility. Despite the institutional innovation in Brazil, in the French political scene in this magistrate existed since the late eighteenth century, being derived from the political changes occasioned by the French Revolution. Through the study of legislation on the Judge of the Peace in Brazil and France, it will be discussed in this paper the formal field of citizen participation in the electoral arena. The analysis compared with France will helps to understand the specifics of the Judge of the Peace established in Brazil and the liberal character of Brazilian legislation on this subject when compared to the french model.