The roots of capoeira date back to the end of the 17th century. Former slaves, recently freed, found themselves in a new and challenging situation. During this period of transition, the labor formerly provided by slaves was rapidly replaced by an underemployed population living outside the city. This provoked a massive exodus of the black rural population toward the cities, in search of work and means of subsistence. Illiterate and lacking any formal instruction or practical knowledge other than that acquired during their enslavement, the economic and social situation of the Black population in Brazil was dreadful.

It was during this period of rapid urban expansion and increasing class segregation within the Brazilian population that capoeira first appeared as a form of Black resistance against their white oppressors.

Indeed, during this time, the conflicts between the blacks and the class dominant, mainly white, were very often inevitable. These conflicts and revolts impelled the authorities to repress all forms of physical expression, including capoeira, which they believed might lead people to fight. Therefore, the legal authorities empowered their police force and gave their officers the right to apply corporal punishments against any person surprised in the practice of capoeira. Precise directives for such physical restraint and punishment were established in a letter dating back to October 31st, 1821 and signed by the Minister of War, General Carlos Frederico de Paula e Nicolau Viegas de Proença.

Nonetheless, this did not stop the Brazilian army from exploiting the martial arts' knowledge of the capoeiristas during their war with Paraguay. An entire battalion of capoeira-trained soldiers was sent to the front line and was acclaimed for its decisive victories. This group of soldiers received the nickname "The Battalion of Zouaves" (the vicious ones).

Practitioners of the art received a serious blow on October 11th, 1890 when decree nº487 was inserted into the Brazilian Penal Code. This decree incorporated several articles into extant chapter XIII:

• Article 402 - The practice of exercises of agility and physical strength commonly known by the denomination capoeiragem, on any street or in any public space, will be considered a grievance and carry a penalty of 2 to 6 months imprisonment. Distinct paragraph - Belonging to a group, gang, or "Malta" is considered a grave grievance. The leaders or heads of such groups will subject to a doubled penalty or sentence.
• Article 403 - In the event of a repeat offense, the capoeiristas will be subjected to the maximum penalty, as articulated in article 400 (3 years imprisonment in Colônias Penais e Presídios Militares located at the border).
• Article 404 - If, during the practice of capoeira: there is a homicide, or any bodily harm or wound inflicted; or any transgression of public authority or of a private individual; or any disturbance of the peace and public security; or are hidden weapons are discovered, then the penalty incurred will be determined according to the law for such crimes.

This decree was applied with vigor and zeal. At the beginning of the provisional government's mandate, a great number of people were pursued by the police and either put in prison or deported to Fernando de Noronha. From that point on, the gradual disappearance of the practitioners of the art seemed irreversible.

However, capoeira was renewed in 1937 when Getúlio Vargas, then president of the Republic of Brazil, abolished decree nº487. The only condition was the obligation to practice this art in closed spaces. The legality of capoeira, thus inevitably, fell under institutional control.

The goal of the legalization of capoeira was to demonstrate support for the social standardization that the new government was trying to implement. Indeed, it was under the Vargas' republic that we first saw the emergence of a rhetoric of the body. The state began promoting health and the physical activity. This viewpoint is punctuated by the implementation of a training program for physical education instructors.

References:

• Master's thesis in Sociology defended by Luís César de Souza Tavares. "Dança da guerra: Arquivo-Arma". December 1984.
• Master's thesis in Sociology defended by Luís Renato Viera. "Da Vadiação à Regional Capoeira: Uma Interpretação de Modernização no Brasil". December 1990.