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With the Church blessings: the marriage of slaves in the Brazilian legislation

This paper aims at discussing the legislation regulating the marriage among slaves as well as between slaves and free man in Brazil from colonial times to the Empire period. To do so, the body of laws on the subject until the advent of the Republic was retrieved, indicating the civilian legislation that, until 1916, still followed the Portuguese Ordinances named Filipinas. Since this Lusitanian statute was preceded by two others, the so-called Afonsina and Manuelina codes, a comparison among them was established. Besides that, an inquiry was hold into the Ecclesiastical norms, mainly that ones from the Trento Council and the First Constitutions of Bahia's Archebishopric. Such canonical documents paralleled the civilian norms contained in the ordinances that regulated marriage in Brazil since colonial times and they kept their influence well after the Brazilian Independence. The goal was to secure the most valuable information in order to clear some important aspects on the marriage institution involving slaves in Brazil until the Empire period.

Marriage; Slavery; Law; Brazil.


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