Resumen

MESQUITA, Ilka Miglio de; SANTOS, Luzinete Rosa dos  y  SANTOS, Gustavo dos. Civil Law in ‘Rosaura, the foundling’ by Bernardo Guimarães: “[...] eternal and unsolvable problem [...]”. Acta Educ. [online]. 2021, vol.43, e47274.  Epub 01-Ago-2021. ISSN 2178-5201.  https://doi.org/10.4025/actascieduc.v43i1.47274.

The main objective of this article is to understand how Bernardo Guimarães, in the work ‘Rosaura, the foundling’, presented aspects of Civil Law in Brazil in the 19th century. To do so, we will take into account the plot of the characters and the author's legal background at the São Paulo Law School. In this sense, we ask: Why is Civil Law plotted as 'an eternal and insoluble problem' in relation to nineteenth-century slavery in Brazil? How does the author present his arguments to defend this thesis? The central issue circumscribes around the understanding that students occupied a social place that enabled the production of various writings (memoirs, theses, academic journals, novels, poetry, among others), which dealt with themes belonging to imperial Brazil, especially the slavery. To achieve the proposed objective, we operate as a historical research methodology for analyzing the literary work, questioning and questioning the document. In this article, to mobilize the object, we use the concept of repertoire, in terms of Alonso (2002). This concept served as a magnifying glass for the analysis of the work in focus. Finally, we show that the man of letters used the artifice of the free-born slave to deal with slavery and Civil Law, showing how the character 'Rosaura', victim of the slave system, could be restored to the place of free, from the ills of slavery that he had suffered since birth. The author mobilized repertoires of legal culture acquired at the intellectual locus of the São Paulo Law School. Thus, within a general analysis of the narrative, the expressions of law appear as social and legal elements, used not just as a mere elucidation. Certainly, there was selectivity and intention to announce the contents of the laws in Brazil.

Palabras clave : civil law; slavery; Bernardo Guimarães.

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