Por uma teoria da prática: um diálogo entre o Tratado de Direito Natural e os pareceres jurídicos de Tomás Antônio Gonzaga (1763 - 1788)

Abstract

This Dissertation studies the jurist and magistrate Tomás Antônio Gonzaga (17441810), together the contradictions of his time, analyzing what possibilities and ways were opened for him, which were his commitments, beliefs, doubts and dilemmas, and, especially, what influenced his decisions. This approach, besides clarifying the thought of Gonzaga, served to help understand some facets of the legal context of portuguese empire in this epoch. Particularly interested in the period from 1763 to 1788, in other words, since the entry of Gonzaga in laws faculty of Coimbra University, where, after graduating, he wrote an essay political-juridical called Treaty of Natural Law, to the years where Gonzaga occupied the position of ombudsman general of Vila Rica (1782-1788) and, in his work as a magistrate, wrote several legal advices. By correlation of these two groups of sources, we analyze if the political-legal thought presented by Gonzaga changed in each one, and, if so, to observe to what extent this was due to the epoch and influenced by new experiences and new circles of sociability, or simply because he adapted himself to a context in which their ancient precepts were dead. Thus, the theme of this work is from the comparative analysis of the Treaty of Natural Law and legal advices of Gonzaga, watch as Tomas Antonio Gonzaga dealt with the theme of justice in the various fields in which he worked. We interpreted continuities, changes and contradictions of his thought between the theoretical text written in youth and his practical judiciary. With this, we can draw a more dynamic picture of the much-talked Gonzaga´s image, watching as the colonial ambience influenced him, by changing or confirming of ideas defended in Portugal.