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1 - The Crime of Illegal Enslavement and the Precariousness of Freedom in Nineteenth-Century Brazil

from Part I - Law, Precarity, and Affective Economies during Brazil’s Slave Empire

Published online by Cambridge University Press:  10 March 2022

Brodwyn Fischer
Affiliation:
University of Chicago
Keila Grinberg
Affiliation:
University of Pittsburgh
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Summary

Some of the most innovative works in the field of Atlantic slavery in recent years focus on the geographic and conceptual frontiers of enslavement. Working within this historiographical framework, with the intention of furthering the discussion about the precariousness of freedom in nineteenth-century Brazil, we will consider here how cases that involved the enslavement of free people were criminalized and brought to court throughout the nineteenth century. The uneven results of these cases suggest that political choices limited both the application of Article 179 of the Criminal Code (which prohibited the enslavement of free people) and the law of November 7, 1831 (which prohibited the Atlantic slave trade).

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The Boundaries of Freedom
Slavery, Abolition, and the Making of Modern Brazil
, pp. 35 - 56
Publisher: Cambridge University Press
Print publication year: 2022

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