O direito de propriedade na transição políticauma análise do "Caso do Palácio Guanabara"

Resumo

The right to property, because of its public-private ambivalence, is at a critical juncture in political transitions. In this context, the changes that take place in the political sphere affect it directly in its private sphere, thus becoming the target of transitional justice, as it is constituted of mechanisms used for social reconstruction in analyzing the legacy of systematic abuses of human and civil rights by authoritarian practices in those transitions. On November 15th, 1889, a military coup overthrew the parliamentary monarchist regime which had been in force in Brazil for 67 years, creating a constitutional hiatus characteristic of political transitions, marked by military authoritarianism. In this context of the consolidation of the republican presidential regime, the Brazilian Imperial Family, extirpated from its political rights and compulsorily exiled, suffered from confiscation and all kinds of restrictions on the use and enjoyment of its properties. One case is exemplary and notably current: in 1894 the government, already under the new, constitutionally established order, and even after res judicata contrary to its desires embodied by decision of the Federal Supreme Court, took the then Isabel Palace, now Guanabara Palace, manu militari, initiating one of the oldest cases still in progress in the national judiciary, for more than 120 years without a final decision. This work has the objective of analyzing this specific case from the point of view of the right to property in transitional justice, through an analysis of the doctrine already written on the subject, of the historical documents related to the case and of international jurisprudence, especially the case of former King of Greece, Constantine II, tried in the European Court of Human Rights.

Ficha do documento

Tipo

Outro

Ano

2017

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/19699

Palavras-chave

Right to propertyConstitutional lawPolitical transitionTransitional justiceGuanabara PalaceBrazilian imperial familyDireito de propriedadeDireito constitucionalTransição políticaJustiça de transiçãoPalácio GuanabaraFamília imperialDireitoPosse (Direito)Brasil - História - 1889-Brasil - Família real