Abstract

RODRIGUEZ ARROCHA, Belinda. Fundamentals of Criminal Law in the Indies: the Murillo Velarde Cursus. Rev. IUS [online]. 2019, vol.13, n.43, pp.9-32. ISSN 1870-2147.

The Cursus Juris Canonici, Hispani Et indici (Madrid, 1743) of the Jurist Pedro Murillo Velarde y Bravo (1696-1753) Is a fundamental work for the study of the divergences and similarities between the Indian and Castile Judicial practices. The author, belonging to the Society of Jesus Christ, demonstrates exhaustive knowledge about Royal, Canonical and Roman Law. He also projects his teaching experience in the frequent Etymological dissertations contained in his book. The main purpose of this article is the critical assessment of the Cursus as a fundamental contribution to the Indian criminal literature. In this sense, we pay special attention to the normative and doctrinal sources presented in the definitions of crimes and penalties and we will deepen in the Juridical and Cultural phenomenon of the Ius Commune. We also make analysis of the legal treatment granted to prisoners belonging to the Regular and Secular Clergy.

Keywords : Indian law; Criminal law; Church; Ius commune; Murillo Velarde (Pedro); Eighteenth century.