NEW PERSPECTIVES ON JUSTICE IN PORTUGUESE AMERICA: MORAL THEOLOGY AND CANON LAW IN THE DISPUTE FOR CAPTAINCY OF PERNAMBUCO
JUSTICE; THEOLOGY; MORAL; CAPITAINCY OF PERNAMBUCO
The aim of this research is to investigate the influence of Moral Theology and Canon Law on the judicial processes of Portuguese America during the first modernity. For this venture we use as a starting point the process involving the heirs of Duarte Coelho, the first Donatário of the Captaincy of Pernambuco, and the Portuguese Crown, at the end of the seventeenth century. The application for this case was signed by Manuel Álvares Pegas, who published it as a claim the following year. The claim of law by the Counties of Vimiozo on the succession of the Captaincy of Pernambuco brings together the main arguments presented by Pegas in the process that began in 1670. This research follows the same trail opened by the research of Rafael Ruiz, professor and researcher at UNIFESP. In recent incursions, Ruiz has drawn attention to the "influence of canon law and moral theology in the legal worldview of the First Modernity and, mainly, in the formation of the conscience of judges and, therefore, in the elaboration and formulation of the sentences that solved the litigious cases" (RUIZ, 2019, p. 32). The sources for our research, in addition to the process of Duarte Coelho's descendants, are the treatists cited by Pegas throughout the text, especially those with a higher number of citations. We believe that from this approach, we will verify our main hypothesis: how moral theology and canon law influenced the judicial processes in Portuguese America of the first modernity.