O falso testemunho no direito comum: o tratamento nas constituições primeiras do Arcebispado da Bahia e na obra de Martín de Azpilcueta Navarro

Abstract

This work aims to analyze, interpretively, the treatment of perjury in the Constituições Primeiras do Arcebispado da Bahia (First Constitutions of the Archbishopric of Bahia) and in the Manual de Confesores y Penitentes (Handbook for Confessors and Penitents by Martin de Azpilcueta Navarro). At first, there is a historical context, emphasizing evolution of criminal law in the ius commune. Then, there’s a brief summary of the Handbook for Confessors and Penitents by Martin Azpilcueta, work on moral theology scoped to guide and enlighten the faithful and religious doubts about sacrament of confession. There is likewise brief summary of the First Constitutions of the Archbishopric of Bahia by D. Sebatião Monteiro da Vide, meant to regulate social life of colonial Brazil, adjusting it to the requirements of Council of Trent. One aim, therefore, is to discribe the treatment given to the sin/crime of perjury, through direct interpretation of two works mentioned. Finally, the conclusion is displayed pointing similarity between the two works, although the temporal and physical distance between them, and their importance.