"Por ouvir dizer": A presença feminina nos processos criminais da cidade de São José de Mipibu (1856 -1866)

Abstract

The study “The Female Presence in Criminal Proceedings in the City of São José de Mipibu (1856–1866)” aims to analyze, based on the Criminal Proceedings of the 1st District of São José de Mipibu, in the Province of Rio Grande do Norte, as a historical source, how women appeared within these criminal contexts recorded between the years 1856-1866. Approximately 120 cases were examined in search of women in situations as defendants or victims, in order to identify patterns of morality imposed upon them within the legal system of the Brazilian Empire. To better understand these cases, the research initially discusses the theoretical context of the construction of female identity in Brazil during the first centuries following Portuguese colonization and later focuses on understanding the legal context in Brazil during the Colonial and Imperial periods. The results indicate a strong influence of patriarchy within the Brazilian legal system, which used moral standards imposed upon women as a framework to interpret and judge criminal cases. Thus, this work contributes to gender, social, and legal studies by providing greater clarity regarding the power relations between men and women and how those dynamics were reflected in the legal system of São José de Mipibu.