Resumen

VIAFARA, Antenor. The Indian between formal freedom and natural bonded during the conquest. Tiempo y Espacio [online]. 2014, vol.24, n.61, pp.441-460. ISSN 1315-9496.

Since its inception, the conquest of the new world was stamped and legitimated by a stale debate between jurists and clerics in terms of the recognition of the indigenous peoples as a vassal of the King and free man. The warp of this step by the politico-ideological standards of Christianity which is afinco this controversy; a sustained by the European universal appreciation of ethnic superiority and degradation of the Indian that described as infidel and barbarian; the other is centered on the quality of the Indian as free, rational and subject of law as well as the Spanish. From there to Spain and Portugal justify their actions to the world as a moral crusade underpinned by the papal bulls of Alejandro VI from 1492 to emulate the struggles undertaken by Europe against Muslims. Indeed discussion of philosophical-theological order Juan Giné Sepulveda and the famous defender of the Indian, fray Bartolomé de las Casas between 1550-1551 engage in it shortly after the death of the Queen of Castile Isabel the Catholic, who in 1504 codicil had established the quality of the indigenous as hombre-persona, as it was written in the ius commune Roman. This recognition of the natives was no obstacle for through the encomienda will cover slavery, because this mechanism was established in the Medullary aspect on which occurred the political control of the new world of their natural resources and population also said his natural bondage.

Palabras clave : mandates; Natural bondage; Christian liberty.

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