On the Margins: Formal Justice and the Portuguese America 18th-Century Hinterland

Abstract

This article examines the administration of formal justice in the hinterlands of colonial Brazil through the lens of settler colonialism theory. It argues that colonial society in frontier regions was shaped by a complex interplay of power between the Crown, its local agents, settlers, and Indigenous populations. These contested territories, often seized from Indigenous groups, reveal that colonization was not solely driven by the centralized authority of the Crown. Instead, it was the combined result of actions, negotiations and conflict between these different groups. By focusing on the administration of justice, the article highlights how legal structures were employed not only as a tool of Crown control but also as a mechanism that often collided with settlers’ agency on the ground. This perspective broadens the understanding of colonial governance, showing that the expansion of colonial authority in frontier areas was a multi-faceted process involving collaboration and conflict among various actors, rather than a top-down imposition of power.