The "Golden Law," or Lei Áurea, officially designated as Law No. 3,353, enacted on May 13, 1888, stands as the legislative act that finally eradicated slavery in Brazil. This pivotal piece of legislation was formally signed into effect by Isabel, Princess Imperial of Brazil (1846–1921). At the time, she was serving as the regent of the Empire of Brazil, standing in for her father, Emperor Pedro II, who was abroad in Europe. Princess Isabel had long been a vocal opponent of the institution of slavery.
The path to the Lei Áurea was not a sudden event but a gradual process marked by preceding legislative efforts. The first significant step was the Rio Branco Law, passed on September 28, 1871. Known colloquially as the "Law of Free Birth," this legislation decreed that all children born to enslaved mothers would henceforth be born free. This was followed by the Saraiva-Cotegipe Law, enacted on September 28, 1885. This act, sometimes referred to as the "Law of Sexagenarians," stipulated that slaves who reached the age of 60 would be granted their freedom. Brazil’s final embrace of abolition placed it as the last nation in the Western world to formally end the practice of slavery.
Background
The impetus for the Lei Áurea's passage stemmed from a confluence of factors, extending beyond the tireless efforts of abolitionists. Economic realities played a significant role; the institution of slavery was becoming increasingly less profitable. The influx of European immigrants, even those enduring arduous working conditions, presented a more cost-effective labor force than the sustained upkeep of enslaved individuals. Furthermore, the continuous supply of new slaves, largely through the transatlantic slave trade, had been significantly curtailed.
Text
The Lei Áurea itself was remarkably brief and to the point. Its text was as follows:
Art. 1.º: É declarada extinta desde a data desta lei a escravidão no Brasil. (Article 1: From the date of this law, slavery is declared extinct in Brazil.)
Art. 2.º: Revogam-se as disposições em contrário. (Article 2: All dispositions to the contrary are revoked.)
Analysis
The deliberate conciseness of the Lei Áurea was intended to leave no room for ambiguity: the abolition of slavery was absolute, with no conditions or caveats attached. However, this very brevity had profound and lasting consequences. The law provided no framework for supporting either the newly freed slaves or the former slave owners as they navigated this monumental societal shift. Slave owners received no state indemnification for the loss of their "property," while the formerly enslaved were granted no form of compensation from their former masters, nor any state-provided assistance to help them establish new lives.
Prior to the Lei Áurea, enslaved individuals were legally prohibited from owning property or pursuing education. Upon their emancipation, they were essentially cast adrift, expected to forge their own paths in a society that offered them little in terms of resources or opportunity. The lack of access to education and meaningful political representation meant that former slaves faced immense hurdles in achieving economic stability and social recognition within Brazilian society.
The Lei Áurea was drafted by Rodrigo A. da Silva, who held the position of Minister of Agriculture at the time, within a cabinet led by prime minister João Alfredo Correia de Oliveira, and was a member of the Chamber of Deputies. After successfully navigating both houses of the General Assembly, the law received sanction from Isabel, Princess Imperial of Brazil. She was acting as regent during the absence of her father, Emperor Pedro II, who was on a diplomatic mission in Europe.
The official signing of the "Golden Law" was performed by Princess Isabel, and it was countersigned by Rodrigo A. da Silva in his ministerial capacity. Princess Isabel, a fervent supporter of the abolitionist cause, was later bestowed with the Golden Rose by Pope Leo XIII. Minister Rodrigo A. da Silva, in recognition of his role, received honors from the Vatican, France, and Portugal. Subsequently, in August 1888, Rodrigo A. da Silva was appointed to a lifetime position in the Senate of the Empire.
The repercussions of the Lei Áurea extended far beyond the immediate act of freeing enslaved people. The sudden absence of a slave labor force compelled plantation owners to seek alternative sources of labor. This led to the organization of the Sociedade Promotora de Imigração ("Society for the Promotion of Immigration") in the 1890s, actively encouraging European immigration to fill the void. Perhaps the most significant indirect consequence was the profound discontent among Brazil's slave owners and the broader upper classes. This dissatisfaction acted as a major catalyst, contributing to the eventual toppling of the monarchy and the establishment of a republic in 1889. Consequently, the Lei Áurea is widely considered a critical, though not the sole, factor in the demise of the monarchy in Brazil.
A grand public ceremony was held in thanksgiving for the Abolition of Slavery in Brazil in 1888, at Campo de São Cristóvão. Princess Isabel and Count of Eu are visible in the left portion of the illustration, situated beneath an imperial tent.