El caso criminal del indígena Francisco "Pampa" Economi: alegatos y actuaciones de la justicia provincial (Buenos Aires, 1823)
Based on an unpublished source in the form of an extremely rich criminal trial, this article aims to analyse several questions regarding the conception of justice in the application of the law in Buenos Aires, indigenous affairs and the legal positioning of social actors in the urban universe of the...
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Format: | Article |
Language: | Spanish |
Published: |
Instituto de Ciências Humanas e Filosofia. Universidade Federal Fluminense
2012
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4017511 |
Source: | Passagens, ISSN 1984-2503, Vol. 4, Nº. 3, 2012, pags. 477-509 |
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Summary: |
Based on an unpublished source in the form of an extremely rich criminal trial, this article
aims to analyse several questions regarding the conception of justice in the application of
the law in Buenos Aires, indigenous affairs and the legal positioning of social actors in the
urban universe of the city in the initial stages of its independence. These features, into
which Argentine historiography barely delved in this period, are examined in the context of
a revealing exchange of allegations between the Public Prosecutor and the Lower Court
Judge on one hand, and the General Protector of the Poor representing the accused Indian, on the other hand. The exchange demonstrates opposing views on natural and
positive law and the relevance of applying white men's laws to an Indian responsible for a
crime committed within the jurisdiction of Buenos Aires. An analysis of the case thus
serves to suggest the existence of legal (although not social) equality for indigenous
inhabitants in Argentina at the time in question, suggesting how the relevant law in Buenos
Aires was applied and the way the procedure was adopted by the legal institution in its
treatment of this social sector. |
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