A Tese do Não-Colonialismo: A Formação Jurídico-Política do Brasil como Província d’El-Rei

This article proposes a critical review of the traditional conception that Brazil was a colony of Portugal. It is argued that Brazil, since its discovery, constituted a heritage of the Order of Christ and, later, of the Portuguese Crown, never having been formally a colony, but rather a Province of the King. The elevation of Brazil to the status of Kingdom in 1815 and the foundation of the Brazilian State are analyzed as decisive elements for the understanding of its legal-political identity. The methodology adopted in this study is of a qualitative and theoretical-interpretative nature, with emphasis on documentary analysis and bibliographical review. The research uses works by authors such as Arlindo Veiga dos Santos, Tito Lívio Ferreira, José Pedro Galvão de Sousa and Plínio Salgado as the main corpus, being analyzed in the light of historical and legal sources, such as treaties, constitutions and administrative acts from the imperial and pre-imperial periods. The method of analysis is hermeneutic, seeking to interpret the texts not only in their original context, but also in their relevance for the construction of an alternative narrative about the formation of the Brazilian State. In addition, the study makes comparisons with traditional historiography, with the aim of highlighting the points of divergence and the legal and political foundations that support the thesis of Brazil's non-coloniality. The study seeks to contribute to the reinterpretation of the historical process of national formation, valuing the institutional and symbolic continuity of the Empire of Brazil.