Abstract
In the Portuguese Empire, filiation was classified as both legitimate and illegitimate. To rectify the birth defects of illegitimate children so that they could become heirs, parents could ask the king to legitimize their offspring. In colonial Brazil, this procedure involved several institutions in the colony and in Portugal. It was initiated by a deed made in a public notary. Then, it continued in the Lisbon Overseas Council, from where it was sent to Portugal, and to the Desembargo do Paço where, finally, the grace of legitimation was either granted or rejected by the monarch. This procedure raises questions about the interpretation of specific legal institutes, such as marriage, concubinage, the exercise of fatherhood and motherhood. It also allows for analyses of how families were formed, and, particularly, how filiation and the status related to it can be understood in an empire of global dimensions. This article analyzes these peculiarities using various sources of law from different jurisdictions as well as a case study: the request of legitimation of the priest Manuel de Oliveira Garrido initiated in the captaincy of Paraíba in 1778. From this case, we will argue that legal history in the context of overseas expansion must be based on the joint analysis of norms and practices.
Keywords:
History of Law in Colonial Brazil; Captaincy of Paraíba; Legitimation of illegitimate children