A JUSTIÇA QING E OS CASOS DE MORTE EM MACAU清代澳門涉外命案的司法審判程序
This article examines the judicial processes of homicide crimes that occurred in Macau during the Qing dynasty involving foreigners, taking as a limit the year 1849 (end of the government of João Ferreira do Amaral), a moment when a new legal order was consolidated in the territory. Based on the doc...
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| Published in: | Review of Culture |
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| Main Author: | |
| Format: | Articles |
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Instituto Cultural de Macau
January 2005
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| Online Access: | https://www.icm.gov.mo/rc/viewer/pdfViewerParts/40013/2321 |
| Summary: | This article examines the judicial processes of homicide crimes that occurred in Macau during the Qing dynasty involving foreigners, taking as a limit the year 1849 (end of the government of João Ferreira do Amaral), a moment when a new legal order was consolidated in the territory. Based on the documentary preservation of administrative chancelleries and on records still extant in institutions such as the Torre do Tombo (Lisbon) and Chinese historical archives, the study reconstructs an overview of the 17 homicides recorded up to that point, characterizing the composition of the participants (mainly Chinese and Portuguese, as well as cases with other nationalities) and contextualizing their frequency within the demographic and spatial structure of the enclave.
Methodologically, the work articulates the analysis of the cases with the evolution of Qing legal-administrative principles, especially the norms of the Great Qing Code and the Regulation associated with the 9th year of the reign of Emperor Qianlong (1743). The conclusions show that the homicides, as a rule, did not result from premeditation, evidencing a predominance of assaults and sudden conflicts, and reveal the centrality of the circuit of official circulation and hierarchical review of sentences, culminating in imperial confirmation. The comparative reading of the cases also allows identifying how Qing legal categories conditioned the qualification of the crime and the proportionality of penalties. |
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| ISSN: | 1682-1106 |