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Rio Branco Law

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The Rio Branco law ( Portuguese : Lei Rio Branco ), also known as the Law of Free Birth ( Lei do Ventre Livre ), named after its champion, prime minister José Paranhos, Viscount of Rio Branco , was passed by the General Assembly of the Empire of Brazil on 28 September 1871. It was intended to grant freedom to all newborn children of slaves, and slaves of the state or crown. However, children of enslaved women in Brazil were obligated to serve their mother's owners until the age of 21, a condition that was often more or less that of slavery. The law did not define the exact legal status of enslaved women's wombs; this was negotiated by enslaved people afterwards, with women at the forefront.

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56-512: The law was the beginning of an abolition movement in Brazil , but it turned out to be more of a legal loophole than a radical measure that led to viable progress. Only a few people were freed under the law, while more than one million people continued to be held as slaves throughout Brazil. This law had more of an influence in the northern part of the country, which was leaning further toward wage rather than slave labor. Many of those freed under

112-416: A bill, presented to the parliament by Minister of Justice Eusébio de Queirós , which adopted effective measures for the extinction of the slave trade. Converted into Law No. 581 of September 4, 1850, its article 3 determined that: The owner, the captain or master, the pilot, the boatswain and the overloader are guilty of the crime of importing or attempting to import slaves. The crew and those who help in

168-526: A different thought: that of rebuilding Brazil on free labor and the union of races in freedom. From 1887 on, abolitionists began to act in the countryside, often helping mass escapes, sometimes causing farmers to be forced to hire their former slaves on a salaried basis. In 1887, several towns freed their slaves; their freedom was usually conditional on the provision of services (which, in some cases, implied servitude to other family members). Ceará and Amazonas freed their slaves in 1885. Ceará's decision increased

224-460: A national holiday during the Old Republic ), because of Princess Isabel (daughter of Emperor Dom Pedro II ), became the "freedom granting May 13", and highlights the support given by many white people of the time to the abolition of slavery. The militants of the current black movement in Brazil evoke another May 13, which sees the abolition on May 13, 1888, as a soft coup aimed at curbing

280-590: A new historiographic tradition in Brazil, identified with Marxism , which led to new interpretations of the Brazilian colonial society. Caio Prado graduated with a degree in law from Faculdade do Largo de São Francisco, São Paulo in 1928, where he would later become a Professor of Political Economy. He was politically active during the 1930s and 1940s, including during the 1930 Revolution . In 1933, he published his first work - Evolução Política do Brasil (Political Evolution of Brazil) - an attempt to understand

336-406: A thousand captives, stands out. The Emancipating Society of São Paulo was also created in the capital city of São Paulo , with the participation of political leaders, farmers, college professors , journalists and, especially, students. The country was seized by the abolitionist cause and, in 1884, Ceará and Amazonas abolished slavery in their territories. In the last years of slavery in Brazil,

392-509: Is also true that many accepted the idea of owning a slave. The same author also writes, commenting on the "burden of prejudices that structure our society, block mobility, and impede the construction of a democratic nation": The battle of abolition, as some abolitionists realized, was a national battle. This battle continues today and is the task of the nation. The struggle of blacks, the most direct victims of slavery, for full citizenship must be seen as part of this larger struggle. Today, as in

448-640: The Empire period, acquiring relevance from 1850 onwards and a truly popular character from 1870 onwards, culminating with the signing of the Golden Law on May 13, 1888, which abolished slavery in Brazil. José Bonifácio de Andrada e Silva , in his famous representation to the Constituent Assembly of 1823 , had already called slavery a "deadly cancer that threatened the foundations of the nation". Councilor Antônio Rodrigues Veloso de Oliveira

504-534: The Ragamuffin War . The students of the Faculty of Law of Recife mobilized and an abolitionist association is founded by students such as Plínio de Lima, Castro Alves , Rui Barbosa, Aristides Spínola, Regueira Costa, among others. In São Paulo , the work of the ex-slave and one of the greatest heroes of the abolitionist cause, the lawyer Luís Gama , directly responsible for the liberation of more than

560-645: The slave trade should continue. However, he also proposed that the slavery of imported individuals should be restricted to ten years and that slaves' children in Brazil should be born free." During the Regency Period , since November 7, 1831, the Chamber of Deputies had approved and the Regency had promulgated the Feijó Law, which prohibited the trafficking of African slaves into the country, but this law

616-485: The "13 of May Law" was quickly enacted, its effects were the most disastrous. The ex-slaves, used to the guardianship and curatorship of their former masters, scattered from the farms to "try their lives" in the cities; a life that consisted of: liquor by the gallon, misery, crime, illness and premature death. Two years after the decree of the law, maybe half of the new free element had already disappeared! The farmers could hardly find any "sharecroppers" willing to take care of

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672-402: The 19th century, there is no possibility of escaping outside the system. There is no quilombo possible, not even a cultural one. The struggle is everyone's and it is inside the monster. Caio Prado J%C3%BAnior Caio da Silva Prado Júnior (February 11, 1907 – November 23, 1990) was a Brazilian historian, geographer, writer, philosopher and politician. His works inaugurated

728-412: The Chamber of Deputies to appeal for a change in public opinion. He recalled that many farmers in the north faced financial difficulties, unable to pay their debts to the traffickers . Many had mortgaged their properties to speculators and large traffickers – including many Portuguese – to obtain funds to buy more captives. He also recalled that, if such a large quantity of African slaves continued to enter

784-622: The Empire, there would be an imbalance between the categories of the population – free and slave – threatening the former. The so-called "good society" would be exposed to "very serious dangers", since the imbalance had already provoked numerous rebellions (such as that of Malê revolt , in Salvador in 1835). In 1854, the Nabuco de Araújo Law, named after the Minister of Justice from 1853 to 1857,

840-689: The Rio Branco Law, on September 28, 1871. In defense of the law, the Viscount of Rio Branco presents slavery as an "injurious institution," less for the slaves and more for the country, especially for its external image. After 21 years without any governmental measure regarding the end of slavery, the Rio Branco Law, better known as the Free Womb Law, was voted, which considered all children of slaves born from its publication, and intended to establish an evolutionary stage between slave labor and

896-602: The Rio Branco law migrated to the north to work for wages on the plantations . The Rio Branco law was the first step toward abolition of slavery in Brazil . It was ultimately abolished on 13 May 1888 with the adoption of the Lei Áurea . This article about the history of Brazil is a stub . You can help Misplaced Pages by expanding it . Abolitionism in Brazil The history of abolitionism in Brazil goes back to

952-513: The São Paulo police (Public Force) and politicians of being conniving with these escapes, which led the São Paulo slave owners to free their slaves to avoid further violence: The slaves fled en masse, damaging not only major economic interests, but also public safety interests: there were deaths, there were injuries, there was invasion of localities, there was terror poured out on every family, and that important province for many months remained in

1008-542: The abolition being Masons. José Bonifácio , pioneer of the abolition, Eusébio de Queirós , who abolished the slave trade, the Viscount of Rio Branco , responsible for the Rio Branco Law (a free womb law ), and the abolitionists Luís Gama , Antônio Bento, José do Patrocínio, Joaquim Nabuco, Silva Jardim and Rui Barbosa were Masons. In 1839, Masons David Canabarro and Bento Gonçalves emancipated slaves during

1064-475: The abolitionist campaign became radicalized with the thesis "Abolition without compensation" launched by journalists, liberal professionals, and politicians who did not own rural properties. The Liberal Party publicly committed itself to the cause of child birth as of that date, but it was the office of the Viscount of Rio Branco, of the Conservative Party , that enacted the first abolitionist law,

1120-435: The absence of the values of freedom and participation; marked by the absence of citizenship ", and José Murilo also shows that it was not only large landowners who owned slaves. The same historian also says: It was a society in which slavery as a practice, if not as a value, was widely accepted. Slaves were owned not only by the sugar and coffee barons. The small farmers of Minas Gerais, the small businessmen and bureaucrats of

1176-421: The advancement of the black population, which was, at the time, an oppressed minority . In a third approach, May 13 is seen as a popular conquest. This is the focus of modern debates, which face the black problem as a national problem. The whole process of abolition in Brazil was slow and ambiguous, because, as José Murilo de Carvalho states: "Society was marked by values of hierarchy , of inequality; marked by

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1232-488: The author in 1822, after enumerating and criticizing the acts of the Captains Generals that contributed to hindering the development of São Paulo, he went on to deal with the servile element and free immigration, which could contribute to the coming of European populations plagued by the ravages of Napoleon 's wars. Councilor Veloso de Oliveira proposed that in the impossibility of establishing migratory currents,

1288-588: The case of attacks on the Quilombos. On May 13, 1888, the imperial government yielded to pressure and Princess Isabel de Bragança signed the Golden Law, which extinguished slavery in Brazil. The decision displeased the farmers, who demanded compensation for the loss of "their goods ". As they did not receive it, they joined the republican movement. By abandoning slavery, the Empire lost a pillar of political support. The end of slavery, however, did not improve

1344-529: The cities, especially after 1885, when corporal punishment of runaway slaves was prohibited when they were recaptured. Law No. 310, of October 15, 1886, revoked article 60 of the 1830 Criminal Code and Law No. 4, of June 10, 1835, in the part in which they imposed the penalty of scourging , and determined that "to the slave defendant , will be imposed the same penalties decreed by the Criminal Code and other legislation in force for any other offenders". In

1400-404: The cities, the secular priests and religious orders also owned slaves. Even more: the freedmen owned them. Blacks and mulattos who escaped slavery bought their own slaves if they had the resources. The penetration of slavery went even deeper: there are recorded cases of slaves who owned slaves. Slavery penetrated into the slave head itself. If it is true that no one in Brazil wanted to be a slave, it

1456-640: The classic Formação do Brasil Contemporâneo - Colônia (Formation of Contemporary Brazil - Colony), which should have been the first part of a work on Brazilian historic evolution. However, the following volumes were never written. In 1945 he was elected deputado estadual for the Brazilian Communist Party . He published the newspaper A Platéia and, in 1943, with Arthur Neves and Monteiro Lobato , he founded Editora Brasiliense (Brasiliense Publishing House), for which, later, he published Revista Brasiliense , between 1956 and 1964. After 1964, he

1512-420: The coffee provinces. According to the law, the slaves' children (called ingenuous) had two options: they could either stay with their mothers' masters until they reached the age of majority (21) or they could be handed over to the government. In practice, the slave owners kept the ingenuous on their properties, treating them as if they were slaves. In 1885, of the 400,000 ingenuous, only 118 were handed over to

1568-575: The country's political and social history. In 1934 he took part in the foundation of Brazilian Geographers Association. After a trip to the Soviet Union, at the time under Stalin's dictatorship, he published URSS - um novo mundo (Soviet Union - a New World), which was banned by Getúlio Vargas ' government's censorship. He then joined the Aliança Nacional Libertadora which he chaired in São Paulo. In 1942 he published

1624-843: The country, such as the Dois de Julho Abolitionist Society (1852), founded by young students from the Bahia Medical School. In 1880, important politicians, such as Joaquim Nabuco and José do Patrocínio , created, in Rio de Janeiro , the Brazilian Society Against Slavery, which stimulated the formation of dozens of similar associations around Brazil. Similarly, Nabuco's newspaper " O Abolicionista" , and Angelo Agostini 's " Revista Illustrada " served as models for other anti-slavery publications. Lawyers, artists, intellectuals, journalists, and politicians engaged in

1680-570: The crops. All services were disorganized; so great was the social breakdown. The only part of São Paulo that suffered less was that which had already received some foreign immigration in advance; the Province as a whole lost almost its entire coffee crop for lack of pickers! The Golden Law was the crowning achievement of the first national mobilization of public opinion, in which politicians and poets, slaves, freedmen , students, journalists, lawyers, intellectuals and workers participated. May 13 (once

1736-537: The end of slavery, acting in partnership with historical abolitionists or independently. Noteworthy is the Ave Libertas Society, an abolitionist group founded in Pernambuco in 1884 and led by women, which, in the first year of activity, achieved the alforria of 200 captives. The Brazilian Freemasonry had a prominent participation in the abolitionist campaign, with almost all the main leaders of

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1792-555: The farms by slaves and quilombolas : The " venda " doesn't sleep: at late hours of the night the Quilombolas come, the runaway slaves and those holed up in the forests, bringing the tribute of their depredations on the neighboring or distant plantations to the venda owner, who collects the second harvest of what he didn't sow, and who always has in reserve for the Quilombolas food resources that they cannot do without, and also, not infrequently, gunpowder and lead for resistance in

1848-541: The first attempt to abolish indigenous slavery in Brazil, in 1611, to its definitive abolition by the Marquis of Pombal , in 1755 and 1758, during the reign of King Joseph I , and to the emancipation movements in the colonial period, particularly the 1798 Bahian Conspiracy , whose plans included the eradication of slavery . After the Independence of Brazil (1822), the discussions on this subject extended throughout

1904-606: The first general registration of slaves, many farmers had increased the age of their slaves to evade the 1872 registration, hiding the inbreds introduced by smuggling after the Eusébio de Queirós Law . Numerous robust and still young blacks were legally sexagenarians, being freed, in this case, by the Sexagenarian Law, still in working condition. The landowners would still try to annul the liberation, claiming to have been cheated because they were not compensated as promised by

1960-472: The free labor regime, without, however, causing abrupt changes in the economy or in society. In the Chamber of Deputies, the bill received 65 votes in favor and 45 against. Of these, 30 were from deputies from the three coffee provinces : Minas Gerais , São Paulo and Rio de Janeiro . In the Imperial Senate, there were 33 votes in favor and 7 against. Among the votes against, 5 were from senators from

2016-462: The government – the owners opted to free sick, blind, and physically handicapped slaves. On the other hand, the Rio Branco Law had the merit of exposing the evils of slavery in the press and in public acts. In the 1890s, about half a million children were freed when they would have been entering productive age. The law declared free the children of slave women born from its date. The infant mortality rate among slaves increased, because, in addition to

2072-524: The high seas and check whether they were carrying slaves. If they did, they had to dispose of the cargo, returning the slaves to Africa, or transferring it to British ships. Criticized in the United Kingdom itself for pretending to make England the "moral guardian of the world," in Brazil, the Aberdeen Act provoked panic in slave traders and landowners. The immediate consequence of the act was

2128-593: The interior of São Paulo, led by the mulato Antônio Bento and his caifazes (a group of abolitionists), thousands of them escaped from the farms and settled in the Jabaquara Quilombo, in Santos. At this point, the abolitionist campaign became mixed with the republican campaign and gained an important reinforcement: the Brazilian Army publicly asked not to be used anymore to capture the fugitives. In

2184-512: The last years of slavery in Brazil, the abolitionist campaign adopted the slogan "Abolition without compensation". From abroad, especially from Europe, there were appeals and manifestos favorable to the end of slavery. These mass escapes of slaves to the city of Santos generated violence, which was denounced in the debates on the Golden Law on November 9, 1888 in the General Chamber, by Representative General Andrade Figueira, who accused

2240-428: The law was never fulfilled and the slave owners were never compensated. Slaves who were between 60 and 65 years old were to "render services for 3 years to their masters and after the age of 65 they would be freed". Few slaves reached this age, and those who arrived were already unable to guarantee their livelihood, even more because they had to compete with European immigrants. Moreover, in the census of 1872, which made

2296-403: The law. The recently uncovered areas in the west region of São Paulo proved to be more disposed to the total emancipation of the slaves: rich and prosperous, they already exerted a great attraction on immigrants, and were better prepared for the regime of wage labor. The enslaved blacks and mulattos also began to participate more actively in the struggle, fleeing the farms and seeking freedom in

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2352-493: The lead in the abolitionist movement in much of the historiography produced. With the amalgamation of 13 associations, the Brazilian Abolitionist Confederation was founded on August 13, 1883, and, beginning in 1884, there was an intensification of activism in public spaces and greater institutionalization of the movement. Women's participation was also of great relevance in the struggle for

2408-489: The most afflicting terror. Fortunately, the landowners of São Paulo understood that, in the face of the inaction of the Public Force, it would be better to capitulate before the disorder, so they gave freedom to the slaves. In the same vein, Joaquim Manuel de Macedo wrote in his book " As Vítimas-Algozes ", denouncing the complicity of small commercial establishments, called venda , in the receiving of goods stolen from

2464-563: The movement and raised funds to pay for manumission . Although it is not widely known, the Positivist Church of Brazil, with Miguel Lemos and Raimundo Teixeira Mendes , had an outstanding role in the abolitionist campaign, including by delegitimizing slavery, seen, from then on, as a barbaric and backward way of organizing work and treating human beings. Historical male characters such as Joaquim Nabuco, José do Patrocínio, José Mariano, André Rebouças , João Clapp, among others, took

2520-556: The pressure of public opinion on the imperial authorities. In 1885, the government gave in a little more and enacted the Saraiva-Cotegipe Law , which regulated the "gradual extinction of the servile element." The Saraiva-Cotegipe Law became known as the Sexagenarian Law. Born from a project of the deputy from Bahia, Rui Barbosa, this law freed all slaves over 60 years old, through financial compensation to their poorer owners to help these former slaves. However, this part of

2576-488: The significant and paradoxical increase in the slave trade, due to the anticipation of slave purchases before the definitive prohibition and, especially, the great increase in the price of slaves. Caio Prado Júnior says that in 1846, 50,324 slaves entered Brazil, and in 1848, 60,000. It is estimated that until 1850, the country received 3.5 million African captives. British warships chased suspicious vessels into Brazilian waters and threatened to blockade ports involved in

2632-471: The slave trade, its low reproduction rate, the various malaria epidemics, the constant escapes of slaves, the multiplication of quilombos , and the freeing of many slaves, including those who fought in the Paraguayan War, contributed significantly to the decrease in the number of slaves in Brazil at the time of the abolition. Around 1852, the first abolitionist associations and clubs emerged around

2688-589: The slave trade. There were incidents, exchanges of fire in Paraná . Some Brazilian captains, before being boarded, threw their human cargo into the ocean. They were farmers or landowners, all slaveholders. The provinces protested, because at that time in Brazil, slavery was something natural, integrated into the routine and customs, seen as a necessary and legitimate institution. An intensely unequal society depended on slaves to maintain itself. Yielding to pressure, Dom Pedro II took an important step: his cabinet prepared

2744-544: The slaves in the labor market . But it was only after the Paraguayan War (1864–1870) that the abolitionist movement gained momentum. Thousands of former slaves who returned from the war victorious, many even decorated, ran the risk of returning to their former condition under pressure from their former owners. The social problem became a political issue for the ruling elite of the Second Reign. The abolition of

2800-496: The social and economic condition of former slaves. Without schooling or a defined profession, for most of them the simple legal emancipation did not change their subordinate condition, nor did it help to promote their citizenship or social ascension. About the negative consequences of abolition without support to the slaves, in the book " 1º Centenário de Antônio Prado ", published in 1942, Everardo Valim Pereira de Souza made this analysis: According to Antônio Prado's prediction, when

2856-405: The terrible living conditions, the neglect of newborns grew. The financial aid foreseen by the Free Womb Law for farmers to pay for the expenses of raising their babies was never provided to the farmers: Joaquim Nabuco wrote in 1883: Abolitionism is first of all a political movement, for which, no doubt, interest in the slaves and compassion for their fate powerfully concur, but which is born from

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2912-634: The unloading of slaves in Brazilian territory are accomplices, as well as those who contribute to hide them from the authority's knowledge, or to subtract them from apprehension at sea, or in the act of unloading and being pursued. One of its articles determined the trial of offenders should be done by the Admiralty, thus passing on to the imperial government the power to judge, which had previously been conferred on local judges. There were so many protests that, in July 1852, Eusébio de Queirós had to appear before

2968-459: Was approved. The last known landings took place in 1856. Until 1850, immigration had been a spontaneous phenomenon. Between 1850 and 1870, it began to be promoted by the landowners. Coming first from Germany, unsuccessfully, and then from Italy, the immigrants, often deceived and with contracts that made them work in an almost slave-like regime, occupied themselves with rural work in the coffee economy . Because so many returned to their countries, it

3024-463: Was necessary for consulates and the entities that protected them, such as some immigration promotion societies, to intervene. There were many regions where slaves were replaced by immigrants. Some cities in 1874 had 80% black rural workers, and in 1899, 7% black workers and 93% white. In 1850, after the passage of the Eusébio de Queirós Law , slavery began to decline with the end of the slave trade. Progressively, European wage-earning immigrants replaced

3080-751: Was not enforced. In March 1845, the term of the last treaty signed between Brazil and the United Kingdom expired, and the British government decreed, in August, the Aberdeen Act . Named after Lord Aberdeen of the Foreign Office , the act gave the British Admiralty the right to arrest slave ships , even in Brazilian territorial waters , and to judge their captains. Through the act, British captains were empowered to moor Brazilian ships on

3136-489: Was one of the first abolitionist voices in newly independent Brazil. In the words of historian Antônio Barreto do Amaral: "In his ' Memórias para o melhoramento da Província de São Paulo, aplicável em grande parte às demais províncias do Brasil' (Memoirs for the improvement of the São Paulo Province , applicable in large part to the other provinces of Brazil), presented to Prince João VI in 1810, and published by

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