Francisco Cavalcanti Pontes de Miranda
Encyclopedia
Francisco Cavalcanti Pontes de Miranda (April 23, 1892, in Maceió
, state of Alagoas
, Northeast of Brazil - December 22, 1979) was a prominent Brazil
ian jurist
, judge
, diplomat
and professor of Law
at the Federal University of Pernambuco
. He occupied the 7th chair of the Brazilian Academy of Letters
in 1979, until his death.
He is best known for the extent of his works, which covers several areas of knowledge, including Law
, Sociology
, Philosophy
, Politics
and Mathematics
, and were published in Portuguese
, German
, French
, Spanish
and Italian
.
and studied in Recife
, receiving his diploma in Law
in 1911. He got married twice; in 1914, to Maria Beatriz Cavalcanti Pontes de Miranda; and in 1952, to Cardilli Pontes de Miranda; five children would result from these two marriages.
After beginning his career as a lawyer
, Pontes de Miranda become a judge
in 1924. In 1939, he left the Court of Appeal in which he presided, to become the Brazil
ian ambassador
in Colombia
.
Pontes de Miranda was also a professor. He taught law at the Hague Academy of International Law
in 1932 and received honorary degrees from several Brazilian major universities.
He died at the age of 87, in Rio de Janeiro
, victim of a heart attack. Twenty years after his death, Pontes de Miranda is still one of the most cited Brazilian jurists.
and poetry
. However, he is best regarded for his scientific works, and, especially, his eight treatises, all of which are dedicated to the study of law
.
Although Pontes de Miranda has written important treatises in several areas of law, including Constitutional Law
, Criminal Law
and Procedural Law
, his best known work is the Treatise of Private Law
(Tratado de Direito Privado), whose first volumes were published in 1955, but which was concluded only in 1970. This treatise is a vast piece of work, comprising 60 volumes and 30 thousand pages. It is considered one of the longest treatises ever written by a single person.
Maceió
Maceió is the capital and the largest city of the coastal state Alagoas, Brazil. The name "maceió" is of Indian origin, and designates the natural spontaneously courses of water which flow out of the soil...
, state of Alagoas
Alagoas
Alagoas is one of the 27 federative units of Brazil and is situated in the eastern part of the Northeast Region. It borders: Pernambuco ; Sergipe ; Bahia ; and the Atlantic Ocean . It occupies an area of 27,767 km², being slightly larger than Haiti...
, Northeast of Brazil - December 22, 1979) was a prominent Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
and professor of Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
at the Federal University of Pernambuco
Federal University of Pernambuco
The Federal University of Pernambuco is a public university located in Recife, Brazil, and established in 1946. UFPE has 70 undergraduate courses and 175 postgraduate courses. As of 2007, UFPE had near 35,000 students and about 2,000 professors. The university has three campuses: Recife, Vitória...
. He occupied the 7th chair of the Brazilian Academy of Letters
Academia Brasileira de Letras
Academia Brasileira de Letras is a Brazilian literary non-profit society established at the end of the 19th century by a group of 40 writers and poets inspired by the Académie Française. The first president, Machado de Assis, declared its foundation on December 15, 1896, with the statutes being...
in 1979, until his death.
He is best known for the extent of his works, which covers several areas of knowledge, including Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, Sociology
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
, Philosophy
Philosophy
Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational...
, Politics
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
and Mathematics
Mathematics
Mathematics is the study of quantity, space, structure, and change. Mathematicians seek out patterns and formulate new conjectures. Mathematicians resolve the truth or falsity of conjectures by mathematical proofs, which are arguments sufficient to convince other mathematicians of their validity...
, and were published in Portuguese
Portuguese language
Portuguese is a Romance language that arose in the medieval Kingdom of Galicia, nowadays Galicia and Northern Portugal. The southern part of the Kingdom of Galicia became independent as the County of Portugal in 1095...
, German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
, French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
, Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
and Italian
Italian language
Italian is a Romance language spoken mainly in Europe: Italy, Switzerland, San Marino, Vatican City, by minorities in Malta, Monaco, Croatia, Slovenia, France, Libya, Eritrea, and Somalia, and by immigrant communities in the Americas and Australia...
.
Life
Pontes de Miranda was born in MaceióMaceió
Maceió is the capital and the largest city of the coastal state Alagoas, Brazil. The name "maceió" is of Indian origin, and designates the natural spontaneously courses of water which flow out of the soil...
and studied in Recife
Recife
Recife is the fifth-largest metropolitan area in Brazil with 4,136,506 inhabitants, the largest metropolitan area of the North/Northeast Regions, the 5th-largest metropolitan influence area in Brazil, and the capital and largest city of the state of Pernambuco. The population of the city proper...
, receiving his diploma in Law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in 1911. He got married twice; in 1914, to Maria Beatriz Cavalcanti Pontes de Miranda; and in 1952, to Cardilli Pontes de Miranda; five children would result from these two marriages.
After beginning his career as a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, Pontes de Miranda become a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in 1924. In 1939, he left the Court of Appeal in which he presided, to become the Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian ambassador
Ambassador
An ambassador is the highest ranking diplomat who represents a nation and is usually accredited to a foreign sovereign or government, or to an international organization....
in Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
.
Pontes de Miranda was also a professor. He taught law at the Hague Academy of International Law
Hague Academy of International Law
The Hague Academy of International Law is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, The Netherlands...
in 1932 and received honorary degrees from several Brazilian major universities.
He died at the age of 87, in Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...
, victim of a heart attack. Twenty years after his death, Pontes de Miranda is still one of the most cited Brazilian jurists.
Works
Pontes de Miranda has written 29 works, which spread over 144 volumes, ranging from scientific to literary subjects. His literary efforts include both proseProse
Prose is the most typical form of written language, applying ordinary grammatical structure and natural flow of speech rather than rhythmic structure...
and poetry
Poetry
Poetry is a form of literary art in which language is used for its aesthetic and evocative qualities in addition to, or in lieu of, its apparent meaning...
. However, he is best regarded for his scientific works, and, especially, his eight treatises, all of which are dedicated to the study of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
.
Although Pontes de Miranda has written important treatises in several areas of law, including Constitutional Law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, Criminal Law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and Procedural Law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
, his best known work is the Treatise of Private Law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
(Tratado de Direito Privado), whose first volumes were published in 1955, but which was concluded only in 1970. This treatise is a vast piece of work, comprising 60 volumes and 30 thousand pages. It is considered one of the longest treatises ever written by a single person.