Indigenous sesmarias in colonial São Paulo: Na intersection between personal statutes and real situations

Abstract

The elements of the title are analysed from the end to the top in this article: firstly, it states the real situation, an expression used by Paolo Grossi, of the aldeias with titles of sesmaria at the territory of São Paulo. The expression refers to the facticity that enables to think about a more flexible concept of dominium. Following, the personal statutes of the indigenous population is analyzed through the concept of ethnic status, from Bartolomé Clavero. The intersection between both spheres goes through the configuration of the power during the Ancient Regime, especially at the colonial territory. At this scope, the municipality was the main representation of the local power. Finally, the permanence of the domestic power is proposed as the element the articulated the continuity of the colonialism within the constitutionalism of the 19th century.