O tratamento da sexualidade criminosa nas constituições primeiras do arcebispado da Bahia

Abstract

This work aims to analyze, interpretively, how the criminal sexuality was treated in the Constitutions of the First Archbishopric of Bahia, set pioneering standards in colonial Brazil. Divided into five books, the compendium typifies sexual offenses in his fifth book. Authored by D. Sebastião Monteiro da Vide, the rules contained in the Constitutions were meant to regulate the lives of those who lived in the territory understood by the archbishop, adjusting it, so the terms signed at the Council of Trent. At first, there is a historical context to improve understanding of how and why it was thought in creating legislation. It also will be analyzed how sexuality was seen at the time, effect of the great power of the Catholic Church in modern times of the Inquisition, and how it affected the design of crime and sin of that period. Then each of the ten criminal provisions related to sexual practices will be studied in detail, especially regarding the analysis of the classification of the offense, its possible authors and the imposition of sanctions. Finally, it presents a list of references used by the author of the work, drawn from the footnotes of the crimes analyzed, from which considerations will be taken, thus proving there is a convergence point linking this to other Constitutions of the same genre.