Order, liberties, and the federal states criminal procedural law in the First Brazilian Republic (1889-1930): João Mendes de Almeida Júnior, a procedural law scholar

Abstract

This article analyzes the role of Brazilian doctrine on criminal procedure during the First Brazilian Republic (1889-1930), when legislative autonomy in criminal procedure was granted to the states by force of article 34, clause 23 of the Brazilian Republican Constitution of 1891. How doctrine looked at this period, supported federalization or opposed it, supported or rejected criminal procedural reforms, and how it understood the past and present of procedural legislation of that time are the objectives of this paper. It analyzes the broader aspects of the Brazilian criminal procedural doctrine in the period 1889-1930 via o focus on one of the most important authors of the time, João Mendes de Almeida Júnior, and his understanding of the legal unity of the procedural law, as well as the accusatorial, inquisitorial and mixed systems, and the traditions of Brazilian liberalism.

Keywords

• história do processo penal
• primeira república
• sistemas processuais
• federalismo
• joão mendes de almeida júnior.