Tobias Barreto: sociologia e direito à luz das teorias raciais do século XIX

Abstract

Transformations in the field of knowledge, and it is this specific field that brings us the greatest interest, as this field creates life for all the others, are made up of all new ideas that promote structural changes in the established order. Liberal ideas in the legal world (legal liberalism, John Locke 1632-1704), politics, political liberalism (Montesquieu - 1689-1755) freedom of expression (Voltaire, 1694-1778) began in the 17th century, occurring throughout the 19th century, They were attacked by Tobias Barreto in colonial Brazil and reverberated in the 20th and 21st centuries. From this perspective, this research will seek to reflect on the historical context, national and international circulation of ideas in the intellectual field in the period between 1860 and 1889. We will work with the concepts of styles of thought and intellectuality, formulated by Karl Mannheim (1974); as well as the concepts of international circulation of ideas and intellectual field, constructed by Pierre Bourdieu (2002; 1983). The methodology chosen to achieve these objectives focuses on the bibliographical survey of the work of Tobias Barreto and authors considered important for developing the theme, based on sociology. The greatest emphasis will be placed on highlighting the different results obtained at a theoretical level from different research methods carried out in books, articles, monographs and works with academic relevance. It is in this vein that the present work intends, in the light of sociological theories, to analyze the importance of the work of Sergipe's Tobias Barreto de Menezes (1839-1889) to think about the criticism and reception of sociology in Brazil and, as it was intertwined with racial theories and Criminal Law in 19th century Brazil. From the works Menores e Loucos em Direito Criminal (1884), and Glosas Heterodoxas à um dos motes du dia or Variações Anti-sociológicas (1887), they highlight aspects that illustrate the reception of sociology in criticizing racial and determinist theories that support the Criminal Law of the time. Was there a paradigm shift? Perhaps it is an exaggeration to say with certainty that there was a paradigmatic break resulting from the works of Tobias Barreto, perhaps it is not. What is undeniable is that Tobias's works developed enormously towards a reinterpretation of the law and sociology in force in the 19th century.