Direito colonial e políticas de morte no Grão-Pará (1616-1822): formas jurídicas do escravismo e do genocídio colonial no Estado do Pará

Abstract

Research about colonial juridical form and the juridical devices that legitimates the genocide and colonial slavery in the Captaincy of Grão-Pará from 1616 to 1822. Such devices respond to the concrete form of Portuguese colonial action in the State of Grão-Pará and Maranhão as a colonial state distinct of Brazil with its own legislation and colonial practices. The research is in the field of critical studies of law and the method used is genealogical while historical analysis of the colonial legal form that instituted a model of economic exploitation that in parts still ongoing in the State of Pará. The problem presented is how the colonial legal system, through its duplicity of laws for whites and laws for non-whites, established the legal disposition of the practices of extermination and slavery in the Captaincy of Grão-Pará. As a result, we present the timeline in which they were identified as practices with the greatest impact and the legal form in which they were invaded, namely: colonial reduction/extermination; enslavement by just war; redemptions; descents; purchase of workers enslaved by Atlantic slave trade or other captaincies; forced reproduction; militarization and compulsory labor; as well as clandestine forms of extermination and enslavement. Understanding the colonial legal form is shown to be an important way to understand the legal form of the modes of work, economic exploitation and conquest of land in the State of Pará. The research identifies that the forms of genocide and colonial slavery even permeate the economic and political formation of the State of Pará in the colonial period, whose traces continue in present practices of economic exploitation.