Consciência e lei: Os embates subjetivos e teológicos nos pareceres do Padre Fray Miguel Agia

• Ano de defesa: 2016
• Autor(a) principal: Proatti, Elaine Godoy [UNIFESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de São Paulo (UNIFESP)
• Palavras-chave em Português: colonial law; conscience; interpretation; direito colonial; consciência; interpretação jurisprudencial
• Link de acesso: https://sucupira.capes.gov.br/sucupira/public/consultas/coleta/trabalhoConclusao/viewTrabalhoConclusao.jsf?popup=true&id_trabalho=3437834; https://repositorio.unifesp.br/handle/11600/46508

We intend to prove in this research the relationship between moral theology and the right, showing the extent to which thetheology regulates and guided the legal and political questions in Spanish America, viceroy of Peru, in the late sixteenth and seventeenth century. We seek to understand how such theological and legal issues mingled with the policies and adapted to indigenous customs in order to organize the colonial society, even when the laws did not fit and did not exist because of the distances and experienced complexities.The problem presented is how moral theology guides and addresses the legal, political and religious questions, setting a social and cultural behavior control how to act and think to not make mistakes and not commit sin. As for the moral theology, consciousness gains weight and strength at the moment of the judges deliberation and the judgments of doubtful cases? It seems that in the legal scope, the will of the judge give him a space and flexibility, subordinated by the Catholic moral, to administer justice wisely and consciously, not even enforce the law. Thus, his interpretation and subjective consciousness, guided by moral theology, gain weight and importance in the creation of law. We believe then, that moral theology is most efficient in places where there is no law, or where it does not correspond to the concrete situations of the laws themselves, thus acquiring an organizational and normative character to society.