Navegando por Palavras-chave "Law"

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    The formative role of moral theology in the judges' conscience in Seventeenth-Century America
    (Univ Estadual Paulista Julio Mesquita Filho, Fac Ciencias Humanas & Sociais, 2016) Violante, Mariangela Celia Ramos [UNIFESP]
    The aim of this article, based on the works Tratado de la Justicia y el Derecho of Domingo de Soto, Arte legal para el estudio de la Iurisprudencia of Francisco Bermudez de Pedraza and Perfecto confessor y cura de almas of Juan Machado de Chaves, published between the sixteenth and seventeenth centuries, is to analyze the elements of Catholic doctrine which produced a formative knowledge of the judges' conscience, and to propose, based on Koselleck's concept of Bildung, that the relationship between Moral theology and Law was crucial to justice administration in Spanish America.
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    Interpretação da lei na cidade de Corrientes 1588 a 1646
    (Universidade Federal de São Paulo (UNIFESP), 2013) Martins, Liz Araujo [UNIFESP]; Gonzalez, Rafael Ruiz [UNIFESP]; http://lattes.cnpq.br/6234108503733559; http://lattes.cnpq.br/6572023926997043; Universidade Federal de São Paulo (UNIFESP)
    In 2010 I performed the research project "Customs and Justice in the city of Corrientes: Sixteenth and Seventeenth Centuries (1588-1646)" supported by FAPESP. The proposal was to conduct an analysis of Acts Chapter city of Corrientes, verifying the particulars of his administration, with the purpose of contributing to a research group oriented by Professor Rafael Ruiz, from the Department of History of Unifesp, which conducts studies within the theme "Right, justice and customary" in colonial America. The hypothesis on which this analysis is based on is that the laws and administration of justice in America Iberian Seventeenth Century had a fluid character because of custom and privilege given to the specifics of each case and each region. The theoretical hypothesis of this is part of the project "Rights and Justice in the Americas" by Professor Ruiz. This research is a deepening analysis that I conducted on Undergraduate Research. From the readings already done stood out aspects of the activities of the Cabildo - center administrative and legal of Corrientes - that reveal the particular mode of proceeding in the legal decisions of the city as well as in purely administrative decisions, but that they were also motivated by certain indoctrination moral-legal.
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    Mecanismos de governação : o arbítrio e os costumes no desenvolvimento da técnica legislativa portuguesa no século XVII
    (Universidade Federal de São Paulo (UNIFESP), 2012) Proatti, Elaine Godoy [UNIFESP]; Gonzalez, Rafael Ruiz [UNIFESP]; http://lattes.cnpq.br/6234108503733559; http://lattes.cnpq.br/7658484911931613; Universidade Federal de São Paulo (UNIFESP)
    This monograph intends to present the tensions and flexibilities between the royal laws and the customs introduced in the Portuguese America in the 17th century, identified in the analysis of the “Regimentos e Instruções para o Brasil”, from 1548 at 1612, and in the “Autos de Correições de Ouvidores Gerais do Rio de Janeiro”, from 1624 at 1699. This study proposes and comprehends some questions about the activities, conflicts, autonomies and limits that should be at competence of those officers in the exercises of their effective practices. And, also, presents how the customs and the judge’s discretion, in the interpretation of the royal laws, had constituted in the mechanisms of governance that made possible the construction and the functioning of the society in the Portuguese America, flexibilizing the laws.