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A king that grants grace: autos de livramento crime and legal criminal culture in Curitiba (1777-1800)

Abstract:

The article’s aim is understand the configuration of legal culture in colonial lands with the economyof grace in the late eighteenth century. The sources are the autos de livramento crime from 1777 to 1800 from the village of Curitiba. This procedure was specific from the Portuguese legal tradition and was a way to re-discuss the gilt of a defendant that was already accused author of a crime. The analysis of the sources is connected with the context (by the doctrine, the praxistas manuals and the legislation) for understand the standards of justice functioning in a peripheral locality of the Portuguese Empire. In short, the conclusion points to the presence of the economy of grace within the criminal legal order, based on the imaginary of the merciful king.

Keywords:
Colonial Criminal Law; Colonial Criminal Procedure; Legal Culture; Village of Curitiba

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