Legal probabilism in the process of domestic violence in Buenos Aires at the end of the 18th century

• Grant number: 17/22117-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: March 01, 2018
• End date: November 14, 2020
• Field of knowledge: Humanities - History - History of America
• Principal Investigator: Rafael Ruiz Gonzalez
• Grantee: Alessandra Vespa Teixeira da Silva
• Host Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil
• Associated scholarship(s): 19/08158-9 - Woman, family and society: a portrait of the women of Buenos Aires in the XVIII from legal processes, BE.EP.IC

Abstract

This project will seek to study criminal cases of domestic violence against women, processed at the Royal Audience of Buenos Aires at the end of the eighteenth century, with the purpose of analyzing the rhetorical arguments and legal and moral motives presented by the parties (prosecutor, lawyer and judge ).The project will be carried out in the Núcleo de Estudos Ibéricos of UNIFESP and in the research of the group coordinated by Prof. Rafael Ruiz, specifically within Project number 2015 / 20696-5, currently financed by FAPESP, "Legal Probability and the Grounding of Judgments in Spanish America."It is about deepening the new line of research started within the group, after the results obtained over several years of research and a good number of students of CI and Master who developed their research around this subject. The specific purpose of this Project will be to verify whether, in fact, in the procedural documents, and especially in the defense and prosecution claims, and in the judges' sentences, we can find the influence of moral theology and of the categories that have been studied and raised so far as , for example, prudence, agency, interpretation of the law, circumstance, concrete case, equity and flexibility.The processes that will be consulted are part of one hundred manuscript processes that were photocopied and typed by the advisor for group use, it is not necessary to have knowledge of paleography. (AU)