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THE LEGAL PROBABILISM AND THE RATIONALE OF THE SENTENCES IN SPANISH AMERICA.

Grant number: 15/20696-5
Support type:Regular Research Grants
Duration: March 01, 2016 - February 28, 2018
Field of knowledge:Humanities - History - History of America
Principal Investigator:Rafael Ruiz Gonzalez
Grantee:Rafael Ruiz Gonzalez
Home Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

This project aims to deepen and open new research lines from two previous projects, already approved by FAPESP: the JP Project "Rights and Justice in America" and the regular research award "Legal Probabilism in judicial proceedings in Spanish America in the 17th and 18th centuries".The focus of this project is to check a possible trend among Lower Court Judges, favoring greater rigor or greater flexibility in the sentences and identify, if possible, who were these judges and who were the people involved in these cases.Based on this research we can open a discussion within the historiography, because, according to the dominant tradition, judges used not to motivate their sentences, and for this very reason, it has been common among History researchers the acceptance that it could not know clearly the reasons and trends of the judges. According to my previous results, it seems, on the contrary, that is possible to identify these fundamentals and, from them, to show how the judicial dynamics, in practice, used to establish forms of social relationship that affected the daily life and social relations based on the court judgments. (AU)