O auditor da gente-de-guerra (1640-1763)

  • Isabel Graes Universidade de Lisboa
Keywords: judicial auditor, assessor, military justice, «war people», modern period

Abstract

Two centuries after the creation of the private and general judicial auditors called to apply justice among the «war people», which was the coeval expression to name the military forces billeted in the provinces, this institution was extinguished by a decree ordered at the end of the Portuguese Josephine period that returned that jurisdiction to the crown magistrates. This reform cannot be characterized by its singularity, given the antiquity of the juridical institution, which provided the presence of scholars in military courts since the first reigns. For this reason, the record of reforms that had been introduced was already long. In this context, stands out a possible influence exerted by the Castilian Royal Cédula dated from 13th May 1587, that may have corresponded to one more example in which the judicial archetype established by the House of Austria exerted an indelible mark in the Portuguese legal system.

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Published
2023-10-16
How to Cite
Graes I. . (2023). O auditor da gente-de-guerra (1640-1763). Cuadernos de Historia del Derecho, 30, 143-177. https://doi.org/10.5209/cuhd.91649
Section
Articles