Manuel N. Joaquim Abranches, S. Poitiers: H. Oudin, —86 with the title Les prisons du Marquis de Pombal minister de S. Gazeta de Lisboa, , September 12, In the aftermath of the first Napoleonic invasion, in November , the court and the royal family fled to Brazil, where they resided from to With the arrival of the liberal troops, on July 24, , the seventeen French Jesuits working in Coimbra were imprisoned.
They boarded to Genoa on July 7, , due to the intervention of the French ambassador. The Jesuits living in Lisbon, including Delvaux, superior of the Portuguese mission, had been deported to Italy and England in August In that same year, an anti-Jesuit booklet printed in Rio de Janeiro foretold the epilogue of the French mission: F.
The Society of Jesus was informally restored in It was officially reinstated as Portuguese mission in , and Francis Xavier Fulconis —80 was its superior. By , the mission comprised nine residencies and colleges in which there lived Jesuits. Robert A. Maryks Leiden: Brill, , —58 doi: Besides, it also included a long and detailed preface, with more than seventy pages, where Borges Grainha accused the Jesuits of being illiterate and manipulative clerics obsessed with power. Carlos Reis Lisbon: Alfa, , 95—].
John C. Marianno de Carvalho e o Collegio de S. In , the Portuguese province comprised priests, scholastics, and temporal coadjutors. Established in Dieleghem —14 , on the outskirts of Brussels, it was successively transferred to Los Placeres —16 and La Guardia —32 , both in Spain, and finally to Santo-Tirso — , in Portugal, where it still functions today.
Francisco Rodrigues Porto: n. From onwards, some expelled Jesuits discreetly returned to Portugal, opening the way for their official reinstatement in Teixeira, — Porto: Livraria Apostolado da Imprensa, — Alden, The Making of an Enterprise. For an overview of the history of philosophy in early modern Portugal, see: Pedro Calafate, ed. For an excellent overview of the life and work of Molina see: Matthias Kaufmann, Alexander Aichele, eds.
The historiography of the Portuguese Jesuit missions in Brazil, East Asia, and Africa largely exceeds the aim of this essay. However, it should be acknowledged the importance of these works for the emergence of a new generation of scholars focused on the economic, scientific, educational, artistic, and cultural aspects of these missions.
For an overview of the Portuguese Atlantic missions in the seventeenth century see: Alden, The Making of an Enterprise , — Its objective was to provide a diachronic narrative of the Brazilian province from to Leite also edited the Monumenta Brasiliae: — , 5 vols. Rome: Monumenta Historica Societatis Iesu, — The poet travels to cities around the world Ribeiro , or remains doggedly in one place Drummond , repositioning themselves, in this case, through their imagination. Their motivations point to a more generous question: what is the place of a poet in the world?
Travel breaks with disciplinary impediments, indicating new practices. A voluntary distancing, an openness to other subjectivities, other modus operandi. Bachmann, S. Neubauer, A. Here, I know more things about there than you there. Due to the success of his participation in the exhibition Information, at the Museum of Modern Art MoMA , in , he decided, albeit illegally, on a change of surroundings.
Immersed in the world of New York counterculture, he witnessed the conflict between capitalist domination and the marginalized. The urban complexity between these two worlds led Oiticica to refer to Manhattan as New Babylon. But his marginal condition kept him in an intense creative isolation. In his apartment on the Lower East Side Loft 4 , he created six different spaces that he called Babylonests: playground, kindergarten, library, laboratory, motel, drug den and cinema.
A university campus contained in environmental capsules. It was in the move to New York that the artist created his most intimate, but nonetheless community-oriented, works, protected by the habitual codes of formal art—a world-shelter. Part of that attention, effort and labor is involved in collective ideas of what is possible.
Therefore, for the local to have some spatialized embodiment takes an effort which transcends that very spatiality. Art and architecture and associated disciplines share scientific analogies. Architects withdraw from the role of the author to come together collaboratively; the architect-author in danger of extinction. Design becomes the common platform on which architects, artists, scientists, activists and politicians gather to find a conceptual terrain before working with the public domain. The opportunity for transformation of the public domain occurs through design efforts, then the need to assess the local, which is only possible through scientific investigation.
In the feedback process, evidence of action becomes clearer through critical distance and the adoption of collaborative evaluation methods spanning many disciplines different visions of the world, different approaches, etc. It may be countercultures and subcultures that will continue to walk in resistance to the postindustrial, postmodern loss of space, time and embodiment. Most of these cultures draw from ancient practices— of peripatetic philosophers, of poets composing. In constant movement, a peripatetic is someone who depends on walking to reflect.
Aristotle based his thoughts on facts observed through the experience of life: philosophy as a way of identifying the reason behind things. Driven by this nomadic exposure, the peripatetic architect moves through the world discovering other ways of doing, communicating. For the peripatetic architect, travel is essential material for his practice. In the embodiment of travel, the peripatetic architect becomes a producer, as a direct result of displacement.
Eduardo Galeano, De pernas pro ar, trad. Sergio Faraco. Our translation. Rio de Janeiro: Record, , p. The Equator is not the halfway line on the world map, as we learned in school. Over half a century ago, German researcher Arno Peters discovered what everyone had seen but no one understood: the king of geography had no clothes.
The world map they taught us gives two thirds to the north and one third to the south. India appears smaller than Scandinavia, despite being three times larger. On the map, the United States and Canada occupy more space than Africa, although they are only two thirds as large. The map lies. Traditional geography steals space, as the imperial economy steals wealth, the official history steals memory and the formal culture steals the word. Everyone has been uprooted to one degree or another and for different reasons, but not all are aware of this.
Without distinction: architects that stay, architects that go. All the migrants, the poets, all the architects are itinerant peripatetics, creating their own maps, maps of the world as real as they are imagined. Another world—a dreamt world that draws itself real. It was a dense dream, a profound ambition.
The severe political-economic crisis that the country is going through is notable in the shrinking of the architectural firms and in the slowdown of projects and business linked with civil construction. And the countless paralyzed construction sites—among which that of the Museu da Imagem do Som, in Rio de Janeiro, is probably the most eloquent example1— are the concrete expression of the failure, in architectural terms, of the sequence of international mega-events hosted recently by Brazil.
The desire to take up residence abroad is not a novelty for a social group that has financial resources and invests in the residential space as a distinctive mark, the material representation of a symbolic repertoire associated with the celebration of its social status and way of life. But while for a long time its favorite destination was Florida, in recent years it has become Europe. The museum was conceived to be an architectural icon of Rio de Janeiro, and was to be inaugurated before the Olympics.
Due to the financial crisis of the state of Rio de Janeiro, however, the construction works have been paralyzed since , with no resumption in sight. This measure, provided for in the Constitution but never used before, means that the responsibility for public safety is transferred from the state to a military intervener.
This action unleashed a wave of criticism, both for awakening the ghosts of the military dictatorship and for being a dubious political maneuver deployed in a presidential election year. And the situation was intensified one month later, with the assassination of city councilwoman Marielle Franco, a fierce critic of the intervention and the recently nominated rapporteur of the commission created to monitor it. Accessed on March 1, Accessed on January 2, January 2, The other side of the Atlantic offered, after all, security, quality of life, a mild climate, a common language and history, facilities for obtaining a European passport, and low taxes, compared to the rest of Europe.
These attractions were coupled with a very active real estate market whose prices still remained lower than those of other European capitals. But the reversal of the flow that has taken place in the last three or four years corresponds to a curious coincidence: Brazil has entered into collapse, while Portugal is giving surprising signs of renewed growth. The year is a landmark in this sense: it simultaneously marks the beginning of Operation Car Wash in Brazil and the end of the troika period in Portugal.
That is, the beginning of the investigation of corruption schemes and embezzlement of public funds that triggered the current crisis in which Brazil finds itself—and, in Portugal, the reversal of the austerity measures imposed in by the triad formed by the European Union, the International Monetary Fund and the European Central Bank. Accessed on January 25, Accessed on March 3, See www. A gap is thus revealed between the cultural model of origin and the local context, which is passed on to the architects: how to ensure garage spaces in cities where the car is not prioritized or, at least, is forced to exist within more rigorous limits than are normal in Brazil?
Meanwhile, in the streets of Lisbon, Porto, Coimbra or Cascais, showcases full of rendered images of the latest residential releases vie for the most prominent advertizing spaces on downtown streets. There, the Brazilians are the majority among those who have invested in the luxurious project by Portuguese architect Frederico Valsassina, where the absence of garage space was solved with a tunnel that leads to the basement of a contiguous building. Even so, wealthier owners often introduce alterations in the designs, aimed at adapting them to their standards of comfort and ways of life.
Some buy two apartments and hire an architect to unite them, which in some cases. This pompous name coupled with the generalized branding of the renaissance of post-troika Lisbon lends the project a sense of Brazilian comfort. And the common areas include an outdoor pool and spa.
The design is by Brazilian architect Sidney Quintela, based in Salvador. The general contractor and builder are also Brazilian.
The rest are Portuguese. Is this a sign that the Portuguese are becoming enamored—once again—with typically Brazilian ways of living? Or will the number of Brazilians wishing to renew their customs abroad be greater than expected? An agreement signed in between the Conselho de Arquitetura e Urbanismo do Brasil [Council of Architecture and Urbanism of Brazil] and the Ordem dos Arquitectos de Portugal [Order of Architects of Portugal], authorizing Brazilian urbanists and architects to exercise their profession in Portugal—and vice versa13—opened a decisive door for the presence of Brazilian architects in Portuguese lands.
Some were carried out in partnership with local architects. And if the clients are not always Brazilian, the references to Brazil are frequent. And it sits on an isolated block that recalls the pattern of gated condominiums in Brazil—an aspect which, not by chance, is also found in the design. Accessed on August 20, At least up to now, this production has taken place on the fringe of the most prestigious circuits of contemporary Portuguese architecture, at least in what concerns residential projects. And some Brazilian builders, such as Osborne and Alcon. Porto: Afrontamento, , p. Interview with architect Domingos Tavares by the author, on February 2, , in Porto.
See Jorge F. Ferreira de Castro, Emigrantes. Lisboa: Guimaraes, They were, therefore, individuals known by a sort of double image: in Brazil they were called Portuguese, and in Portugal, Brazilians. Most of them began their life in Brazil in unskilled positions. Most of those who returned spent little time in Brazil— around a decade, if that long.
The probably most notorious— and scandalous—case is that of Joaquim Ferreira dos Santos Porto, — , Count Ferreira. The son of farm workers, he emigrated to Brazil around , made a fortune in businesses that included slave trading, returned to his native land, and is celebrated until today for his philanthropic works in Brazil and Portugal, including the founding of hospitals, churches and public schools in the North and South of Portugal. Porto: Livraria Chardron, n. Domingos Tavares, Casas de brasileiro.
Porto: Dafne, An architecture that arises in areas of peripheral urbanity located above all in the north of Portugal. And a leafy garden with arbors, ponds and artificial caves, palm. In terms of their implantation, these houses tend to stand out from their surroundings, almost always located on elevations or along roadsides. If we observe the urban houses constructed by Portuguese in the same period in Brazil, we will find a continuous process of influences and intercrossings, in which it is difficult to identify a point of origin. What transformations are already visible, and what can be expected from the transposition now underway, to Portugal, in regard to the typical habits and ways of life of the Brazilian elite?
It is too early to reach any conclusions. But if this architecture bears relation to a new migratory cycle, we must also consider the already existing or future impacts. See Miguel Monteiro, op. Or the castle of D. They will prepare documents to obtain passports, also for free. Jornal de Cantanhede, n. The controversy around the railroad project mostly involved its social environmental impact, since it would cross indigenous territories and preservation areas in the Amazon forest.
Accessed on January 14, Os dias da Troika. Lisbon: Note, Lisbon: Salamandra, Porto: Afrontamento, Palacete Marques Gomes. Casas de Brasileiro. It is not surprising, in any case, that one of the stockholders of the international airport of Rio de Janeiro is the same Chinese group HNA that in recent years also became a stockholder of two of the largest airline companies of Portugal and Brazil TAP and Azul. The recent and simultaneous investments by China in the airport sector of the two countries indicates that a path is being constructed between Asia and South America via Europe, a sort of new silk route, now aerial and transoceanic.
Ana Luiza Nobre Rio de Janeiro, is an architect and architecture critic and historian. Brazilian culture has historically been marked by the miscegenation of foreigners and locals. In contemporary Brazil, the concept of the urban immigrant is increasingly present in the quotidian of cities due to the rapid domestic migratory movement. New tendencies for such movement have arisen as a response to economic recessions and social crisis that the country underwent in the last 20 years, resulting in an unprecedented flow of people both between metropolises and between rural and urban areas.
This approach aims at visualizing and understanding the scale of these waves of displacement that make ever more complex the composition of the social and urban panoramas of Brazil. Today, although legal immigrants make up less than one percent of the Brazilian population, these groups point at important cultural ties, historical events, and technological possibilities surrounding the. The intimate relationship between the intensified exchange of goods in the mercantilist era and the establishment of the modern nation-state is further expressed in the influx of nationalities such as Spanish, Italian, Japanese, French, and Dutch in the first couple of centuries after the arrival of the Portuguese in Brazil.
Shortly after the crisis of succession in Portugal and the consequent formation of the Iberian Union in , the then Portuguese possessions in South America were violently contested by the Netherlands and France. Both nations sought to rival the Iberian power in trading sugar and African slaves. During the 17th century, about twenty thousand Dutch immigrants lived in northeast Brazil. From the 18th to the 20th century, as later stages of capital exchange developed alongside communication technologies, war conflicts, and systemic economic crisis, Brazil remained attractive to immigrants from European countries suffering from economic recessions and shortage of employment, such as Germany after its unification in During this period, most immigrants arriving to the country were Italian and Japanese - the latter arriving after the Italian government reacted to the precarious conditions of life reported by Italians in Brazil with a decree that prohibited subsidized immigration to the country.
Today, immigration to Brazil follows patterns of displacement motivated by similar issues than those of a century ago. Leaving their native countries for reasons related to wars, persecution, or simply dreams and hopes of a better life, millions of men and women wish—consciously or not—to be a part of the country. It is worth noting. This condition triggered an unprecedented flow of people between metropolises but also between rural and urban areas. These new narratives of immigration are the main subject of this section, which aims to visualize and understand the scale of these waves of displacement that make ever more complex the composition of the social and urban panoramas of Brazil.
This way, it exposes the immigrant as a force that successfully challenges the walls represented by traditionally defined geographic limits. Yet, it also shows barriers further imposed to the free circulation of people, narrated by immigrant groups as an antagonistic attitude expressed in frustrated expectations, prejudice, language adjustments, and overly bureaucratic processes. The directors reveal the presence of the physical body as the ultimate space in which segregation occurs, reinforcing the multiplicity of scales in which immigration can be read as a political act.
That is to say that many of these bodies, although having successfully crossed geographic borders, still live at the margin of a society that estranges them with other walls. While the work of Carla and Eliane Caffe documents and speculates on a marginal space where this dynamics of power takes place, Ana C. Tonetti and Ligia Nobre,. As shown in the photographs of Rivane Neuenschwander, sites like the old Cambridge Hotel—and others, in their reference to geographical locations outside the political borders of Brazil—depict how immigrants and the global economy has an impact in local Brazilian society.
In the end, even in the most simple towns, one finds the desire to belong to a global culture. THE MAP In order to map recent trends in the movement of people in the Brazilian territory, the map summarizes migratory flows of over a million people during the period between and Dividing them in incoming flux of refugees, incoming flux of international immigrants, and domestic migration flows, the graphics indicate the direction and intensity of this movement.
Additionally, the timeline accompanying the map allows the visualization of the total absolute number of people immigrating, according to their country of origin. In this same section, the increase or decrease in the flows is also visible, represented in a yearly basis. Some of them migrated for work opportunity, others immigrated or sought asylum looking to improve their life conditions. Their paths are enumerated, and joined with their personal stories describing feelings and obstacles while crossing different kinds of borders until their arrival in Brazil.
She studied cinema in Cuba and the aesthetics of art in Spain. As director and screenwriter, her first feature film, Kenoma , was shown at the 56th Venice Biennale. She works in the fields of art and design direction. She is a professor at the school of architecture and urbanism at Escola da Cidade and teaches workshops at Sesc Pompeia. Walls What appear to be the main barriers that immigrants encounter in their struggle for access to housing?
This cultural shock comes in the form of simple things. These differences appear in a very violent way in a universe of conflict zones. It is really harsh and intense. We really do not understand. They carefully select what they tell us. CC: Physical presence. EC: The level of disease that exists in these bodies and the enormous suffering. These are vulnerable people and, in their desperation, they get involved with drug trafficking. CC: When we speak about refugees, we think in the abstract. These are very different worlds and there is an enormous segregation between them, as well as among us.
The world of refugees is a diverse one, but we lump them all into a single category. EC: Perhaps this is one of the bricks that build this wall. When a wall is finally torn down, we see that there is another behind it. Our system is reaching a very high level of cruelty; everything revolves around capital and forms of exploitation.
Exploitation occurs on every level: social networks, biennials, festivals, universities. What does it mean to continue repeating it? The consequence is enriching a few while leaving many in abject poverty. Behind the wars that resulted in these searches for refuge, there are human beings that coordinate them. If we believe that war is part of human nature, we become used to the building of walls.
CC: Walls are these bubbles in which we live. With social networks we are becoming more inward-looking, discussing issues only amongst our own groups. We forget the presence of the body. It is the body that leaves the comfort zone; we are able to perceive others only when we pass over these walls. We can see the importance of this through Carnival, when we rid ourselves of all borders, exposing ourselves in a way that does not happen the rest of the year.
Experience in the discipline How is the subjectivity of the immigrant and low-income population—the social categories most impacted by difficulties in accessing housing—affected during this process of struggle? What type of collective body arises from this meeting of a context of vulnerability and struggle for a common roof?
EC: We perceive a clear change in this subjectivity, above all with Africans, and in their understanding of what is a collective activity. We perceive this difficulty when doing grassroots work with the immigrants there in the occupation. CC: These are people who live in conflict zones and are stripped of their right to housing. During the film we use play to help get beyond the language barrier.
It was through games that the collective could get along. Behavior and micro-politics What experience in crossing divides did you gain from contact with the movements struggling for housing? What role can cinema and docufiction play in this discussion? CC: The film Era o Hotel Cambridge was able to create an understanding between various nationalities, among six languages. The relationship between architecture and cinema was interesting and very fertile. At this moment the powerful counterpart begins and through it we were able to access that territory.
At the same time we were asking for something, we were also offering something. A kind of reciprocity and affection developed between the parties, who recognized that they needed each other for that to happen. When we are present, our tools are our senses. We read about a subject, but when we deal with it in person we capture other levels of the problem.
CC: In the first calls to form a collective for the film, no adults came, only children. They were the ones who brought the adults, little by little, to the theater workshops.
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I would never have thought of, considered or imagined this work method. It was the result of being present. EC: Children take the subject matter into the home and the family opens up to us. This is one of the methods that emerged. Transformative potential What type of power and new uses for urban space can you see emerging from the relationship between Brazilian cultural diversity and contemporary immigrants? EC: There is no public policy to assimilate these immigrants into society.
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They tend to isolate themselves in ghettos with those with similar backgrounds. This creates a closed system of codes that drives prejudice. The housing movements are perhaps a way of facing this problem head-on, but we are far from resolving it. As long as we are marked by the hegemonic presence of capital, of the marketplace, which permeate everything, it will not be possible. A concrete example is that, in just a few days, newly arrived migrants become slaves of the factories in the neighborhood of Bom Retiro. They are hired by construction companies to lay marble but they are not paid.
The vast majority are being enslaved. If they try to escape this system, they are automatically co-opted by drug traffickers. We will not be able to implement a policy of assimilation while there is still hunger. CC: A refugee is already the result of an exploitative relationship. This idea that Brazilians are generous and open to new cultures is not true. EC: The system protects itself by creating masks that make us accept circumstances as something normal.
Everyone criticizes the government, but no one talks about the companies. Those of us who put on festivals and biennials are born into this context and are unable to see that it is a system that exploits and profits. The work was organized around a lunch at the 9 de Julho Occupation,1 in January The meeting brought together more than a hundred people, including organizers, guests, cooks and other stakeholders, with participation from 23 families of migrants, immigrants and refugees—some of them residents in this occupied building.
We got to know these families that hail not only from other regions of Brazil but also from the Congo, Angola, Ghana, Peru, Paraguay, Venezuela and Haiti. In addition to access to housing, they mentioned financial difficulties, the search for work, inadequate public services—such as transportation and healthcare—the Portuguese language, inflexibility of the bureaucracy, illegal status, racism, isolation and fear of death as some of the main problems faced in this metropolis of 20 million people.
The journeys of these families also show the tangible and intangible borders that mark our territories, whether they be in the. Their many stories evoke strong emotions and point to some of the challenges in observing human rights in Brazil. In addition to the adversities experienced by these families, it is evident, in our opinion, that dialogue and contact can help to build new ways forward. These points of discourse need to be developed and understood, since they can illuminate new paths for contemporary cities.
Those interested would have to pay a fee to cover travel expenses, having as a guarantee a job placement when they reached their destination: the construction site of Terminal 3 at Guarulhos International Airport. Upon arriving at the large construction site, workers from Pernambuco joined other workers from various parts of the country. The NEC. These project diagrams clearly show the systemic relationship between contractors and the State.
They are basically the same actors in both situations. After a few days, only part of the group was hired and there was no forecast for new hires:. Nobre, Gilberto Mariotti and Joana Barossi eds. The three books used as bibliography for the preparation of this text were published by the Projeto Contracondutas and are distributed free of charge and can be accessed at: www. TAC is a repressive legal instrument, whereby the sued company undertakes promptly to comply with the laws and reimburse those involved.
Thirty-eight men would have to live in a property with three bedrooms and only one bathroom. There were no furniture, beds, or mattresses […] Every two days there was no water […] There was little or nothing to eat […] As there was no work and no salary, many asked for food in the neighborhood or got into debt. At a site like Terminal 3, they are employed to carry out smaller services, such as the loading of cement bags and rubble. Such a building site, focused on productivity and profit, does not contribute to the formation of the workforce, does not care about its working or health conditions, and does not consider that a constructive matrix could be devised that takes the human being and its activity as a guiding element of the project.
According to the journalist Sabrina Duran, outsourcing, which makes oversight and the attribution of responsibilities difficult, pulverizes hirings that are already based on low sums negotiated between principal and subcontracted contractors, in a chain effect that makes it impossible to comply with legal obligations and allows for abuses and violations. This action is also the result of serious work done in Brazil since , when the federal government recognized the existence of slave labor in the country.
The conditions analogous to slavery presented in this case are not an exception, but a recurrent situation on the global scale of the contemporary civil construction industry. In Brazil, these degrading labor conditions also reverberate the continuity of slavery, insofar as the majority of the Brazilian population remains excluded from social and political rights, as the historian Rodrigo Bonciani points out.
If the case of the TAC happened in , on the eve of the World Cup, the Projeto Contracondutas began in , concomitant with the impeachment of the democratically. These reforms suppress historic social achievements obtained over the last thirty years, articulating the full outsourcing of middle and end business activities, as well as the extension of working hours, in a total entanglement between private and public dimensions. Seminars, workshops, studies, reports, a documentary, public artistic interventions, lectures, editorials, essays, and publications, were inserted in the curricular structure of the Escola in order to amplify its already remarkable stand in the public sphere.
Contracondutas approached different publics, collaborators, and institutions focused on teaching and culture, bringing together more than participants— from multiple practices and fields of knowledge—into heterogeneous constellations, which allowed crossovers between academia and society, architecture and politicoaesthetic practices. The choice of title, Contracondutas [Counter-Conducts], came from a critical and reflective position on the term conduct, as developed by Michel Foucault,9 to refer to the techniques and procedures that work for the conduction of a set of individuals.
We were interested in the ambivalent character of the term, emphasized by Foucault, since a particular conduct also implies the way we allow ourselves to be conducted, and how we behave under the effect of the conductive act. The Counter-Conducts project potentializes taking a stand in the face of about the vision of the contemporary labor statute and its implications for architecture and civil construction within the current Brazilian socio-political context and within the globalized structural context of capital.
What is the role of the architect and the architectural project in reducing or increasing violence at the construction site? How to confront the great infrastructure works that consume the environment and destroy ways of life? How do these regional realities fit into a globalized world? All these questions were precisely synthesized by a rhetorical image proposed by the journalist Sabrina Duran: If the hoarding that surround and hide the building sites of large-scale constructions were removed, what would a passer-by see?
With numerous social reverberations, the project is the first element to be attacked by outside interests, bargaining, and by lobbies that seek to compromise its technical and ethical coherence. This law confiscates from the architects the conception and control over the whole, further weakening the transparency of bidding processes subject to the pressures of the politico-financial scenario.
Architecture is thus also implicated in this precarious labor system, with the outsourcing of contracts, partial work regimes, absence of employment contracts, and exhaustive days, in an unequal equation between the profits of the managers and exposure to risk by the architects. The legal profession is regulated by Law no. Foreigners or Brazilians who graduated in Law abroad must present a duly validated certificate of respective course of study. The following is a list of the best Brazilian universities which offer Law courses, according to information provided by the Ministry of Education:.
Address: Av. Paulo Gama, Despite several initiatives, the creation of the Bar Association would become a fact only around a century later, by means of article 17 of Decree no. The Association relies on standing and temporary committees for the performance of its functions. The following is a list of state sections of the Brazilian Bar Association:. OAB Seccional Alagoas. OAB Seccional Bahia. OAB Seccional Pernambuco. OAB Seccional Sergipe.
The Brazilian publishing market for legal texts has always been profitable and prolific, leading to the publication of countless specialized periodicals edited by commercial as well as university publishers. Some titles do not go beyond the first few issues, but some commercial publishing houses and their publications are traditional, like Revista Forense, published by Editora Forense , in circulation without interruption since , and Revista dos Tribunais , published by a publishing house under the same name, in circulation since The following is a list of sites of the more traditional legal publishing houses:.
General research of texts of Brazilian legal rules can be carried out in government sites, which offer information for free, and in non-governmental commercial sites, which require a subscription. A major difficulty for foreign researchers is the language, since the majority of Brazilian sites offer information only in Portuguese.
Few sites offer an optional language, but even in such cases, this option may be valid only for the main menu or selected parts. With the advent of the Internet, publishers have found a new mode to offer their services. This is so true that lawyers are increasingly connected to the virtual world, thus becoming the most frequent professional category on the Net. At an incredible pace, legal sites have appeared that offer databases containing doctrine, full texts of rules, former court rulings, a lawsuit tracking system, legal news, and information about public competitive examinations.
Editora Saraiva has launched SaraivaData , a highly reliable site because of its tradition in the area. Furthermore, in this site, each legal rule that has been published is shown together with its links to others that are altered or revoked by it. Sinequanon , launched by Editora ADV, offers the possibility to track lawsuits in real time, integrating lawyers to almost 50 courts all over the country. A group of young lawyers has launched BuscaLaw , expected to be the largest juridical portal of Latin America on the Internet. The main objective of the portal is to mediate the relations between those who offer and those who hire juridical services.
It offers searches in courts of Brazil, chat rooms, and virtual interviews with Justices. Searches can be made by either legislation or former court rulings in all Brazilian courts in record time. However, if you prefer, you can search by court or region. The portal also offers news from the legal world. The icon ''Comunidade'' offers further services supplied by the portal. Internauts can find the electronic address of Brazilian colleges, universities, and other courses, as well as the sites of Procon in several states.
The homepage of each Ministry provides the legislation concerning its own area. The best search strategy is to locate the Ministry responsible for the subject in question. As a rule, each page of a Ministry site offers links to bodies of its own structure and to others which deal with the same subject. The following is a list of all Ministries:. There are two public institutions which present Brazilian legislation in general and for free: the Federal Senate and the Presidency of the Republic.
The Federal Senate makes available several types of legislative information, such as the reports of special investigating committees and bills of law. What is most important is that it offers access to the full texts of Brazilian legislation. Since , the Federal Senate has been maintaining a database of legal rules NJUR , which comprises Brazilian federal legislation issued as from Research can be carried out by type of rule, number, year, or law abstract.
The Senate homepage also offers access to the text of Provisional Measures. Research can be done by the number of the Measure or by the year it was issued.
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Access can be obtained by number of the rule or by subject. Provisional measures are classified into measures under consideration, measures turned into law, revoked measures, and expired not re-issued measures. There is also a table showing measures issued and re-issued per administration. The homepage of the Presidency of the Republic makes available the full text of several codes. The original text is shown in black, altered provisions in blue, revoked provisions in green, and added provisions in red.
The Brazilian Code of Aeronautics was established by Law no. The Brazilian Code of Telecommunications was established by Law no. This Code does not correspond to the fast technological evolution of the sector. The Brazilian sector of telecommunications has been through major restructuring in recent years, and its entire regulatory framework has been revised and modified. The main acts which regulate the sector are: Constitutional Amendment no.
Organizado por Reinaldo Santos. Rio de Janeiro : Destaque, ISBN Rio de Janeiro : Book Express, In , the Executive Branch sent Message no. The new code as proposed would greatly help the commercial area, since it contains a new book — aspectos negociais [business matters]. It was approved by the Federal Senate in the end of November and is ready to be voted on by the plenary assembly. If it is approved, it will come into force one year after its promulgation.
The need to rewrite the Civil Code is indisputable, especially considering that Brazilian legislation witnesses a proliferation of extravagant laws, which leave out of civil codification important areas such as tenancy, consumer relations, dissolution of the marriage, authorship rights, condominiums, and acquisitions and mergers. The new Civil Code will be in force in January 11, Several of the measures adopted by the new code have already been in force due to specific legislation, more than 50 decrees and laws, or for having been included in the Constitution, among them the rights of children born from artificial insemination, the possibility of donation of organs when the donor is still alive, and the ability to sue for damages in cases of moral harm.
It's the law. Acessado em: 25 jan. Curso de direito civil brasileiro. There is a collection of correlated new laws, such as the one regarding small and micro businesses, the Consumer Defense Code, and others, but they are not sufficient. Trade bills, stock exchanges, checks, and other issues of the same nature are all demanding redefinition; after all, the use of former court rulings has prevailed in these areas exactly due to the lack of current rules.
There have been several attempts to revise them, all of which were unsuccessful. In the absence of specific rules of Commercial Law, one resorts to subsidiary sources, in the following order: civil law, trade customs and usage, former court rulings, analogy, and the general principles of Law. The new Brazilian Civil code revoked the first part of the Commercial Code.
Rio de Janeiro : Forense, There are also several other federal and state rules on the subject. The following are the most relevant ones:. Belo Horizonte : Palpite, ?. Protection of wild fauna is regulated by Law no. An aspect of great practical importance is the concurrence of incriminating rules in the Game Code, the Penal Code, and other statutes.
Some jurists consider the Game Code draconian, excessively punitive, and clearly out of rhythm with the scale of judgments of Brazilian penal system. Belo Horizonte : Mandamentos, On August 22, , the Code of Conduct for Higher Government Officials was published in the Federal Official Gazette, and it applies to over Federal Government employees, including ministers, secretaries of State, and top-level employees.
The Code of Conduct seeks to establish standards for, among other cases, the acceptance of gifts and souvenirs, the lending of vehicles, and a quarantine which forbids a civil servant from accepting any job in private enterprise during the first four months after leaving a position in the Government. Santos, comp. In that same year, it was reformed by Law no. During the 27 years it has been in force, some laws on specific matters have brought about small, continuous reforms that have substantially changed the Code, so as to accelerate proceedings, streamline procedural mechanisms, and eliminate superfluous formalities.
Rio de Janeiro : Forense , However, there is a list of norms that complete or change the Code of Criminal Procedure, as follows:. Law on Trial by Jury Law , of February 23, and its alteration ;. Law on heinous crimes Law 8,, of July 25, and its alterations, which defined heinous crimes, prohibited bail and release on own recognizance, the impossibility of granting grace or pardon. The Code of Criminal Procedure is divided into six books: Proceedings in general, Proceedings in manner, Nullity and appeals in general, Foreclosure, Jurisdictional affairs with foreign authorities and General provisions.
Established by Act n.
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A Lei de Propriedade Industrial comentada : Lei n. Manual de Direito Comercial. Campinas : Bookseller, Came into force on 11 March, Rio de Janeiro : Forense www. Brazilian Traffic Code in force today was established by Act n.
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It was altered by Act n. January, , and by Act n. Porto Alegre: Sagra Luzzatto, Among the several Acts that rule the electoral system, the most important ones are listed below:. Act n. Supplementary Act n. The Forest Code was established by Act n. Meio ambiente : setor florestal. The first book includes legislation on tax competence, taxes, charges, specific benefits charges, revenue sharing.
The second book rules on tax legislation, tax due, tax credit and tax administration. It resulted from the work of a Committee formed by a small number of famous jurists, assigned to present a bill for the Consolidation of all Labor and Social Security legal instruments. No contribution was received from the National Congress which, at the time, was kept inactive by the President of the Republic. Rio de Janeiro: Forense , The Child and Adolescent Statute was passed into law in Act n. CURY, Munir. The Ministry of Science and Technology is responsible for the conception and enforcement of the National Policy on Science and Technology, in accordance with provisions established in Chapter IV of the Federal Constitution.
The Ministry was created on March 15, , by Decree-Law n. Its province includes the national scientific and technological heritage and its further development; its related policy on cooperation and interchange; definition of the National Policy on Science and Technology; coordination of sector policies; and the national policy on research development, production and use of new high technology services and materials.
Its web page offers access to such legal instruments as acts, decrees, presidential temporary measures, administrative directives and other normative acts related to science and technology activities in the country. The Customs Regulations result from the amalgamation of all provisions on customs legislation Decree n. The Foreign Trade Tax Legislation is directly related to the import tax on foreign products II , the tax on industrialized products IPI and the export tax IE and also to contributions, charges and foreign exchange infractions related to import and export activities.
Power to enforce foreign trade policies in Brazil is assigned to several ministries. Respective homepages display all customs and foreign trade legislation. The Constitution has established all duties binding the family, the society and the State regarding children and adolescents. Among others, the special nature of labor by minors was established in following items of paragraph 3, article The Constitution further establishes that minors under eighteen years of age may not be held criminally liable; instead they shall be subject to the ruling of special legislation.
It also determines that the law shall severely punish abuse, violence and sexual exploitation of children and adolescents. It provides for adoption, its cases and conditions, which shall be assisted by the Government.
In order to address the new constitutional framework and to comply with the latest policy of integral protection to children and adolescents, new legislation was needed: thus the Child and Adolescent Statute came to pass Act n. Rio de Janeiro: Destaque, Rio de Janeiro : Renovar, Subjects are indexed, though without hyperlink; in order to access any item, you will have to note the number of the legal instrument and return to the Homepage.
It is based on article 5. All agencies dealing with Consumer Protection are subordinated to the Ministry of Justice. Its homepage supplies all resolutions published on the subject. It also offers links to agencies related to conpetition protection in foreign countries. Oliveira , Curso de direito do consumidor. Rio de Janeiro: Forense , Rio de Janeiro: Forense, Campinas: LZN, Campinas: Aga Juris, Another remarkable research source on educational legislation is the homepage of the Instituto Nacional de Estudos e Pesquisas Educacionais National Institute of Studies and Research on Education , which has developed a system called Sistema ProLei Program of Integrated Educational Legislation , where you may access federal, state or municipal legislation on the matter.
LDB comentada. Belo Horizonte : EdiTau, These Resolutions update the electoral process. The Higher Electoral Court homepage also supplies information on electoral legislation. Direito Eleitoral Brasileiro. Belo Horizonte: Del Rey, Direito eleitoral. Starting with the Stockholm conference in , several normative acts were established aiming to protect the environment. Brazilian legislation on the matter is rather comprehensive, starting with the Federal Constitution, encompassing the Criminal and Civil Codes.
There is also specific and supplementary legislation at federal, state and municipal levels. Conselho Nacional do Meio Ambiente. Ambiental, Elementos de Direito Ambiental brasileiro. Rio de Janeiro: Thex, Oliveira, ISBN X. O que o Brasil precisa saber sobre o Mercosul. The basic legislation ruling the Social Security System in Brazil encompasses:. It is still worth noting that Constitutional Amendment n. This page offers, among others, Acts, decrees, directives, implementing orders, legal digests and former court rulings by the Higher Courts, opinions and articles collected by several Brazilian Public Social Security agencies.
Porto Alegre: S. Organizada por Aristeu de Oliveira. Decree n. October, , which approved radio broadcasting services, is the fundamental text on the matter, together with Decree n. Created by Act n. The first efforts to structure Agrarian Law in Brazil date back to , however, only much later, in , was the Land Statute established by Act n. This text is still the basic piece of legislation on Land Reform. Porto Alegre: Livr. Rio de Janeiro : Campus, Caxias do Sul: Maneco Liv. Couto org. For the last six years, the Brazilian sector of telecommunications has been undergoing a restructuring process, and its entire regulatory framework was considered and amended.
Pires 3 has identified six stages in this process:. Homepages for both the Ministry of Communications and the National Telecommunications Agency ANATEL offer the full text of all mentioned legislation and other legislative acts regarding the telecommunications sector. Rio de Janeiro :Lumen Juris, Porto alegre: Livr. The oldest Brazilian traffic legal instrument dates back to Later on further legislation was enacted.
The first Traffic Code was established in In the following year this Code was substantially altered by Decree-Law n. In and special Committees were created to study and propose a bill for a new Traffic Code. The Brazilian Traffic Code established by Act n. It was amended by Act n. Porto Alegre : Sagra Luzzatto, Campinas : Millennium, The Brazilian taxation system had its guidelines established in the Federal Constitution, articles to