PUBLIC DISCUSSION AND FORMATION OF THE LEGAL CULTURE: METHODOLOGICAL CONTRIBUTION TO BRAZILIAN LEGAL HISTORY /DISCUSSAO PUBLICA E FORMACAO DA CULTURA JURIDICA: CONTRIBUICAO METODOLOGICA A HISTORIA DO DIREITO BRASILEIRA

Considering the ongoing debate in the field of Brazilian legal history, this study sets forth a methodological and argumentative proposal which brings everyday and learned sources together in the research of Brazilian legal culture, especially of that belonging to the XIXth century. Investigating the origins of a volume called Da natureza e limites do poder moderador, it is argued that public discussion created legal thought by circulating in the press, the pamphlets, the congressional ground, arriving occasionally to become book. Therefore, a strong and consistent argumentation on the legal culture circulating during the period should take into account both scholar and everyday evidences, since they would provide a deeper understanding of the mentioned culture.