Direito romano na antiguidade tardia (séc. III - VIII) "Movimento Codificador" na Península Ibérica e no Império Bizantino.

Abstract

In front of the new theoretical-methodological demands, there was a necessity for a redefinition of the relation in historiographies, looking for points in common, dialogues, and interconnections between the historiography of law and the historiography that we may call here "general", that which does not contemplate law and produced by historians who do not use it. This way, thinking about the historicity of law, from a reinterpretation of the sources under a perspective of alterity expands the field, bringing new opportunities for both history and law. It has based on the premise that the present work was anchored, seeking to attest to the occurrence of a Coding Movement in the Late Antiquity's period through the codes produced in the Roman Empire, in the Iberian Peninsula, especially in the Visigothic Kingdom, and in the Byzantine Empire. Throughout the analysis undertaken in this work, we sought to insert the law as an element that corroborates the historiographical perspective of Late Antiquity. For this, it was necessary to say what Late Antiquity was, this period of intense political, economic, social, and cultural transformations that also reverberated in the sphere of law, for this we used the contributions of Henri Irénée Marrou (1979), Peter Borwn (1995) and Renan Frighetto (2012). The historicity of the law used in this work sought to highlight the characteristics of this changing law in antiquity and Roman history, evidencing the main assumptions of what the law codified is in Late Antiquity. Finally, based mainly on Bretone's considerations (1998), it is noted that in the period has happened the Codifying Movement, a characteristic of the Late Antiquity.