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Cadernos de História da Educação

On-line version ISSN 1982-7806

Abstract

CURY, Carlos Roberto Jamil. Right to education, Slavery and legal system in the Brazilian Empire. Cad. Hist. Educ. [online]. 2020, vol.19, n.1, pp.110-148.  Epub Mar 30, 2020. ISSN 1982-7806.  https://doi.org/10.14393/che-v19n1-2020-9.

This documentary and bibliographical study makes explicit assumptions of the Empire´s legal system regarding primary education and slavery. This was declared a right of the citizenship. But it implicity excluded slaves. Here its intended to further clarify tke specific legal meaning of the terms black, slave, liberated and ingenuous. To achieve the scope of the article, the following databases were consulted and revised: Portal de Periódicos/CAPES, Academic Google em Scielo in articles, book chapter, dissertations and thesis. Campello (2018), by study of legal system and Jellineck (1912), by the discussion of the subjective public right in the State/Subject relation were fundamental to confirm, in the legal system, the negation of the relationship between primary education and slavery.

Keywords : Primary education and slavery; Public instructio and brazilian imperial Constitution.

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