O objetivo deste projeto é estudar o encontro entre a ordem jurídica portuguesa e as ordens jurídicas nativas nos territórios ultramarinos portugueses nos séculos XVIII-XX.Pretende-se saber como é que estas ordens foram classificadas, como foram usadas por colonizadores e colonizados, como interagiram e foram transformadas pelas situações coloniais, em várias cronologias.
This project aims to study the encounter between the Portuguese and local legal orders in the Portuguese Empire, from the 18th to the 20th century. We want to know how these legal orders were classified, how they interacted and how they were used by colonizers and colonized peoples in different chronological periods, as well as the changes that occurred during the epoch under consideration.
First, we will consider colonial agents of justice (legislators, colonial judges) and their activity. Then, we will focus on local people who applied to justice. We will analyze political discussions, legislation, doctrinal texts, administrative and judicial reports, jurisprudence and codes of “uses and customs”. Our inquiry will be guided by some unifying questions: How high was the permeability of local and Portuguese law towards each other?; How were they both transformed by the colonial circumstances? How far did the strategic use of legal pluralism by both the authorities and the “subjects” go?