Abstract

HARARI, Emilio Fabián. La justicia militar y su aplicación a los cuerpos milicianos de Buenos Aires (1811-1823). Rev. hist. derecho [online]. 2013, n.45. ISSN 1853-1784.

After 1810, the obligation of the inhabitants of Buenos Aires to serve in the militia continued for to the whole free population. It was an exceptional situation that became permanent due to the armed conflict. In this context, the military courts had to act on a broader set of individuals than those destined to the veteran regiments. While not considered part of the military corporation, these volunteers were, however, excluded from the regular courts. This paper examines the application of military justice on the main bodies of the militia from the city, civic regiments, from its creation to its dissolution in 1820. For this purpose, it is analyzed the set of summarie s raised to members of these forces, with particular attention to the forms of administration of justice, the degree of adherence to current legislation (Ord inances of 1768) and the use of jud icial discretion. Finally, we examine the ideas of the jurists of the time on the application of military law to these unforeseen, but extended , case s.

Keywords : Military Justice; Civic Regiments; Military Ordinances; Special jurisdiction; Military Summaries.

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