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Articles

Vol. 7 No. 1 (2020): Brazilian Journal of Empirical Legal Studies

Soldada and guardianship of orphans in the last decades of the 19th century. Legislation and judicial practice

DOI
https://doi.org/10.19092/reed.v7i1.359
Submitted
October 15, 2018
Published
2020-04-13

Abstract

The main objective of the article is to confront legislation and judicial practice in the last two decades of the nineteenth century by the study of the soldada and guardianship of orphans. By means of empirical research, developed from the database of the National Archives, the specific aim to present study is to investigate the application of the Philippine Ordinances and their adaptation in a context different from the place of their production. Based on simple sample research methodology, the study show the use of Portuguese legislation in national territory, and its adaptation to the slave society during the period of transition from the Empire to the Republic. Through this operation we also know the activity of the judiciary and the judicial mechanisms designed to solve the problem of orphanhood, as well as inform us about the different legal statuses of minors who passed through the orphan judge.

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