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Additional resources for Surprise Heirs II: Illegitimacy, Inheritance Rights, and Public Power in the Formation of Imperial Brazil, 1822-1889

Example text

However, the restoration of Bragança absolutism in Portugal redefined the Cortes as bicameral in 1826, again privileging the upper house as the representative of the first two estates—church and nobility. ”44 The change did not go unnoticed among liberals in Brazil, where a Senate based on life-tenure reflected an increasingly ennobled membership and seemed to fulfill a similar function. Liberals in the Chamber of Deputies, who largely identified with the third estate, found the emperor’s progressive expansion of a titled nobility disturbing.

Statutes were issued in the form of an alvará synonymous with “law” in English. ” However, the latter term continued to refer to crown law adopted prior to 1822. The indiscriminate use of both “law” and “decree,” sometimes for the same statute, may confuse readers. It also confounded jurists, who understood “law” and “decree” were virtually synonymous. The persistence of this dualism seems to have originated in the monarch’s historic loss of his role as “the Legislator” in the 1820s. In Portugal, lamented legal historian João Gomes B.

For Pedro, who viewed himself as the bestower of the Constitution—even its author—abandonment of the sovereign’s historic role as “the Legislator” for the Portuguese nation proved a difficult task. Despite demonstrating a more mature grasp of his political role by the late twenties, the monarch’s willingness to confirm the constitutional redistribution of the power to make law, in favor of the legislature, remained ambivalent. Prior to independence, D. João VI had personally vested sovereignty over Brazil in his eldest son, by virtue of what was regarded as Portugal’s “historic,” or unwritten, constitution.

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