Cartas para devassar: a jurisdição criminal dos governadores-gerais do Brasil (1650-1700)

Abstract

The governors-general of the State of Brazil were prominent representatives of the Portuguese Crown in the 17th century. They received a portion of the monarch's powers for the purpose of administering the colony. Among these powers were certain judicial functions, although judicial proceedings were formally the responsibility of other officials. Criminal jurisdiction was the duty of juízes ordinários (ordinary judges), ouvidores (magistrates), juízes de fora (royal judges) and desembargadores (high court judges). Based on this context, this study questions whether the governors-general could act in devassas (judicial inquiries) and how they did so. The objectives of this research are, first, to analyze the political and normative reasons that allowed the governor-general to act in devassas, and, second, to understand how this intervention occurred. To this end, the study utilizes letters from the Documentos Históricos collection of the National Digital Library of Brazil (volumes 3 to 7), as well as documents recovered from the Overseas Historical Archive (Arquivo Histórico Ultramarino) by the Projeto Resgate, specifically the Bahia Luísa da Fonseca series. Furthermore, Codex 245 of the Cartas da Bahia from the same archive was examined. This work also draws upon the provisions of the Philippine Ordinances (Ordenações Filipinas) regarding the Casa de Suplicação (House of Supplication) in Portugal and the two charters (regimentos) of the High Court (Tribunal da Relação) in Bahia, in addition to specialized literature. The regimentos of governors-general Tomé de Sousa, Francisco Giraldes, Gaspar de Sousa, and Roque da Costa Barreto are also analyzed. In the first part of the work, the foundations and the functioning of criminal justice during the period under study are examined. The second chapter investigates the powers of the governors-general of Brazil, particularly their jurisdictional capabilities, notably regarding the administration of criminal justice, by examining the normative reasons behind their criminal jurisdiction. The third chapter focuses on the mode of operation of these authorities and analyzes the role of these letters within the political and normative communication network of the Portuguese kingdom. As a result, it is demonstrated that the governor-general, within the scope of the Tribunal da Relação, performed the same role as the regedor of the Casa de Suplicação, namely, presiding over it. There were numerous provisions in the regimentos allocating criminal jurisdiction, which underscores the clear possibility of the governor-general intervening in criminal matters. From the analyzed documents, orders issued by governors-general stand out, directing specific officials to open devassas, carry out arrests, grant release, or even instances where the governors-general themselves granted pardons. Among the crimes involved, the study highlights homicide and those associated with the terms “revolution,” “revolt,” “mutiny,” “disobedience,” and “resistance.” In several letters, the governor-general ordered that the papers resulting from the devassas be forwarded to him, stating that he would personally proceed “as justice requires” (como for de justiça). Furthermore, it is established that these letters were part of a communication chain linking the metropolis, the general government, local administration, and private individuals, thereby integrating a broader dispute over power and normative production. Finally, the defended thesis is that the governors-general could act in criminal proceedings because a portion of royal regalia and jurisdiction was delegated to them. The letters, while constituting sources of such power, also demonstrated its practical application, especially regarding crimes that threatened the established political order. Criminal proceedings thus functioned as strategic resources within the political disputes of the 17th century.