Inquisição moderna: os tormentos como meio de prova nos Autos de Devassa da Inconfidência Mineira

Abstract

This thesis aims to discuss the inquisitorial process, in order to evaluate the contributions and the possible inquisitorial heritage the Brazilian criminal procedure, allowing a reflection on the Lusitanian legal tradition and its influence on the formation of homeland criminal procedural law. However, using a comparative documentary and historical research, present data investigating the history of the Inquisition, his legacy to the formation of criminal procedure and their application in real jurisdiction through procedures established by the ecclesiastical courts, in terms the crimes of lesa-majestade, particularly by the actions of sovereigns to suppress conspiracies against the metropolis to apply medieval and inquisitorial practices in order to maintain the supremacy of the crown. Portuguese law applied in the colony to the Inconfidentes Mineiros portrays adequately enough the Lusitanian legal tradition and its judicial system. The process of the Inconfidentes Mineiros, which Tiradentes was his main character, reinforces the view that, as provided for in the Filipinas Ordinances, the crime of sedition applied to the death penalty and the procedure follow the inquisitive ritual with supremacy to the search for truth real obtained through confession as complete evidence for conviction. We conclude that the interrogation which was submitted Tiradentes were decisive to give rise to confession, contaminate the sentence and sustain condemnatory decree. Thus, torments, as a means of proof, foreseen in the procedures of the period for the interrogations to which Tiradentes was subjected, were decisive in inducing the confession, contaminating the sentence and sustaining the condemnatory decree.