“Two centers of temporal power are incompatible in a state”. Brazil and the Holy See in the context of constitutionalism
Keywords:
Constitutionalism, Concordat, Padroado, Regalism, Brazil Empire, Catholic ChurchAbstract
In the context of Ibero-American constitutional experiences, the transition from a notion of sovereignty based on divine right to the logic of popular sovereignty implied a series of institutional problems on how to define the limits of temporal and religious power in communities emerging from the crisis of colonial empires. In deeply Catholic countries, this reverberated in diplomatic relations between the new States and the Holy See. Focusing on the case of Brazil, this article analyzes the reconfigurations that the Constitution granted in 1824 imposed on the long-standing heritage of the padroado regime, which historically shaped the institutional link between religion and politics within the scope of the Iberian monarchies and their respective domains. Specifically, it seeks to understand how the change from royal to the constitutional padroado resulted in tensions between the Brazilian State and the Holy See, which lasted throughout the 19th century, making it impossible for both institutions to sign a Concordat, like others signed by Hispanic Americans governments.
Fecha de envío / Submission date: 8/04/2024
Fecha de aceptación / Acceptance date: 3/05/2024
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Copyright (c) 2024 Ana Rosa Cloclet da Silva, ítalo Domingos Santirocchi, ítalo Domingos Santirocchi
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