Paper short abstract:

The aim of the presentation is to analyze and compare the differences and the similarities in the almotaçaria jurisdiction of several Portuguese municipalities, located within and outside the mainland Portugal, focusing particularly the magistracy in charge of the building disputes.

Paper long abstract:

The almotaçaria was one of the most enduring Portuguese institutions. Its origin goes back to the beginning of the Portuguese nationality (being, in fact, an Islamic legacy), and it was extinct in the mid-nineteenth century. This municipal institution had three basic attributions of control: the market, the sanitary and the construction activities. The almotacé was, therefore, an urban magistrate acting as a supervisor, inspector, administrator and judge. This last competence was particularly relevant in building disputes between neighbours, since the almotacé acted in conflict management being compelled to intervene whenever any inhabitant call him.

Since the fifteenth century, the almotaçaria institution was propagated outside the mainland Portugal, following the establishment of the municipalities and being an important piece in the local administration. The Kingdom Ordinances defined the almotaçaria jurisdictions, but in several municipalities some aspects of the central law were adapted to the particular urban situation. Due to the urban size, number of inhabitants and administrative requirements, the almotacé was subdivided in two officials and its service time became diverse. However, the most extreme variation occurred in Lisbon. Nevertheless, the constructions laws remained always the same.

In the presentation, it will be shown the differences in the almotaçaria jurisdiction of several towns and cities, located in mainland Portugal, Atlantic islands or in Brazil. It will also be explained how this differences can be considered as superficial within the underlying institutional structure, particularly in the building control, by which resulted a strong similarity in the buildings and in the urban forms.