Banca de DEFESA: MARCOS VINÍCIUS LUSTOSA QUEIROZ

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MARCOS VINÍCIUS LUSTOSA QUEIROZ
DATE: 21/10/2022
TIME: 14:00
LOCAL: AUDITÓRIO MIROSLAV MILOVIC - FACULDADE DE DIREITO - UnB
TITLE:

"Haiti is here: essay on Latin American social formation and legal culture (Brazil, Colombia and Haiti, 19th century)".

KEY WORDS:

Haitian Revolution; constitutionalism; racial democracy; blood sacrifice; seigneurial hermeneutics; racism; independence; Brazil; Colombia.

PAGES: 681
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis investigates the impact of the Haitian Revolution on the social formation and legal culture of Latin
America, in particular the relationship between the ideology of racial democracy and constitutionalism. Therefore, the text is divided into two moments. In the first part, the relations between constitution and slavery in modernity are analyzed from the Haitian, Colombian and Brazilian experiences. It is argued that the Haitian Revolution inaugurated a new historical time, which would be held back in the construction of other nation-states on the continent. As a background, the concepts of blood sacrifice and seigneurial hermeneutics are developed. Sacrifice operates in the critique of contractualism and introduces “race” as a constitutive element of modern law. The constitutive force of the sacrificial ritual is worked in the light of the political trajectory of José Prudencio Padilla, a Colombian revolutionary in the wars of independence. Furthermore, the centrality of Padilla's life and death for understanding the legal logic of modernity is visualized through the literature of Juan Zapata Olivella. The concept of seigneurial hermeneutics, on the other hand, allows us to understand the posthumous life of slavery as a standard of the theoretical common sense of jurists. This second concept is developed from the reading of the constitutional experience of the Empire of Brazil, especially the elaboration and application of the Constitution of 1824. This reading is carried out through the analysis of the lives and political thought of João Severiano Maciel da Costa and Bernardo Pereira de Vasconcelos. Finally, from the work of Machado de Assis, three persistent elements of seigneurial hermeneutics are unraveled: the conception of the absolute property; the principle of illegality; and blood sacrifice as a legal rite. Also from Machado, the paradigm of volubility is pointed out as a formal principle of the chain novel of modern constitutionalism. In the second part, this analytical apparatus is used to understand the birth of the ideology of racial democracy and mestizaje as a legal strategy of whiteness in reaction to the problem left by the Haitian Revolution, that is, the rights of Blacks. Therefore, a Haitian reading of the genealogy of this founding myth is carried out in the experiences of Brazil and Colombia. For the first case, we work on how Haiti is the element that, functioning as an opposition, links the conception of Brazilian “singularity” to the “patriarchs” of the social sciences and literature in the country, that is, Gilberto Freyre and José de Alencar. The denial of the Haitian Revolution is the basis that links law and nation in thethinking of these two strongholds of the planation. Finally, the Haitian reading is used to understand the political and constitutional thought of Simón Bolívar, where the denial and fear of Haiti (translated by Bolívar as fear of paocracy) are verified as genetic elements of Latin American social thought, especially the relationship between the constitutional organization of the State and the ideology of racial harmony. Ultimately, this relationship is guaranteed by the permanent possibility of lynching, which operates as a ritual to restore the ideological and material components inherited from the civilizational matrix of slavery.

BANKING MEMBERS:
Externo à Instituição - ACAUAM SILVÉRIO DE OLIVEIRA - UPE
Externa à Instituição - CAMILLA DE MAGALHÃES GOMES - UFRJ
Presidente - 1863338 - EVANDRO CHARLES PIZA DUARTE
Interno - 1905321 - GUILHERME SCOTTI RODRIGUES
Externo à Instituição - THULA RAFAELA DE OLIVEIRA PIRES - PUC - RJ