Free Womb Law

The Law of the Free Womb or Lei Rio Branco (Law nº 2040) is considered the first abolitionist law in Brazil.

It was presented by the Viscount of Rio Branco (1819-1880), of the Conservative Party, and sanctioned by Princess Isabel on September 28, 1871.

The law, among other resolutions, granted freedom to the children of slaves born on that date.

Summary of the Law of the Free Womb

The Free Womb law was born from Dom Pedro II's speech during the opening of the 1867 legislative session. In the so-called "Fala do Trono", the monarch asked legislators to draft projects that would gradually extinguish slavery in Brazil.

In this way, several deputies presented ideas such as the prohibition of the separation of spouses, the possession of slaves by the Church, and the freeing of the slave's son, as long as he was kept with the master until the age of majority.

All measures caused controversy and the Senate received representations (signed petitions) from both slavers and abolitionists.

The Paraguayan War (1865-1870) caused the discussions to be interrupted and prolonged in the following years.

In order to satisfy the opposing interests, Senator Visconde do Rio Branco elaborates another law that is also the target of criticism. However, on September 28, 1871, he got his approval.

According to the Law of the Free Womb:

Likewise, this law released:

The Lei do Ventre Livre still established the constitution of an emancipation fund, regulated manumissions and forced slaves to be registered - "enrolled" - which was carried out in 1872.

Thus, the Rio Branco Law or Lei do Ventre Livre was another step towards the gradual abolition of slavery, controlled by the government and without compensation.

The slave's son was free, but he was handed over to the government or remained on the farm or in his owner's house, with the family until he was 21 years old. He could also be turned over to some government institution that would take care of his support until he comes of age.

Although ambiguous, as it did not immediately release the newborn child, the Free Womb Law represented an important step towards the end of slavery in Brazil.

Criticism of the Free Womb Law

The law displeased both slaveholders and various sectors of the abolitionist movement.

They claimed that the law would prolong slavery for another generation, left minors at the mercy of the master, and said nothing about slaves born before that date.

Abolitionist Laws

Abolitionists, groups of intellectuals, ex-slaves, freedmen or fugitives, sought to end slavery in the country.

The formation of these groups was essential to accelerate this process, as they spread across the country producing abolitionist campaigns and created financial aid to free enslaved people.

Some had their own newspapers, whose objective was to make the population aware of the horrors of slave labor, and to draw attention to the political and economic interests of this market.

Although they proved to be ineffective, the abolitionist laws had a great impact when they were enacted.

Eusébio de Queirós Law

Before the enactment of the Free Womb Law, the Eusébio de Queirós Law (Law No. 581) was enacted, enacted on September 4, 1850, by Minister Eusébio de Queirós (1812-1868). It aimed to end the slave trade in the Atlantic Ocean.

This abolitionist law had little effect, due to the complicity between government officials and slave traders.

In turn, England pressured Portugal and Brazil to end slave labor, as the Industrial Revolution dawned in the country.

England used wage labor in its Caribbean colonies, while Brazil continued with slavery and, therefore, produced cheaper.

Even with the enactment of the law, Portugal continued to send slaves to Brazil. It was only with the creation of the Nabuco Araújo law, in 1854, that the slave trade from Africa was stopped.

Law of Sexagenarians

Later, the Sexagenarian Law (Law No. 3,270), also called the Saraiva-Cotegipe Law, proposed freedom for slaves over 60 years of age. It was promulgated on September 28, 1885, during the conservative government of Barão de Cotegipe (1815-1889).

It represented another achievement for the country, towards the abolition of slavery. However, Brazil was the last country in the West to abandon slave labor.

Curiosities

In the Vila Isabel neighborhood of Rio de Janeiro, a street was named "28 de Setembro" in honor of the Ventre Livre law.
This law was signed by Princess Isabel when she was acting for the first time as regent of the Empire, from May 1871 to March 1872.

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