Juiz de fora (office)

A Juiz de Fora was a magistrate appointed by the King of Portugal to municipalities where the intervention of an impartial and unbiased judge, normally from outside of the locality, was necessary. Often the judges also assumed a political role, being appointed to preside over municipal councils to provide some central control.

History

The office arose in Portugal in 1327 under Afonso IV as a type of itinerant magistrate, appointed by the king. His main function was to ensure compliance with the law on behalf of the king. The authority of the juiz de fora was far superior to that of ordinary local judges.

The appointment of a juiz de fora was justified by the need for a truly free, impartial judge, brought in from outside of the locality to guarantee fair trials judge. The position could not be exercised at the place of origin or habitual residence of the magistrate, nor were they allowed other links with the local population such as marriage or close friendship .

As part of the process of formation of the structure of the state the Portuguese crown invested in local authorities to weaken the hold of feudal lords. In Brazil, in areas of difficult access and administration, the office of juiz de fora was used as a means of control to prevent the adoption of measures conflicting with the interests of the crown.

The final consolidation of the office was carried out by João III in 1532 who undertook a major centralization programme. By 1580, when the Iberian Union emerged with the reign of Filipe I, there were more than fifty Portuguese municipalities governed by juizes de fora.

After the Restoration, the Kingdom of Portugal concentrated all its effort in consolidating the newly recovered power, looking not to start unnecessary conflicts, and Brazilian municipalities maintained their autonomy until the last years of the seventeenth century. The first juiz de fora in Brazil was appointed in 1696 in Salvador, beginning a transition phase that would last for over a hundred years.