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Case file s776 · Latin America · 1792
1792
Joaquim José da Silva Xavier signature: Assinatura de Tiradentes (Joaquim José da Silva Xavier) no auto da devassa.
Joaquim José da Silva Xavier signature. Auto da Devassa. Public domain, Wikimedia Commons.
Died
21 April 1792
Place
Rio de Janeiro, Brazil
Field
militia ensign (alferes) and tooth-puller
Legal tradition
Portuguese law (Ordenações Filipinas, crime of lèse-majesté); Brazilian special pension laws · Civil law
Historical event
Inconfidência Mineira (1789)

Portugal's 1792 sentence declared Tiradentes's children and grandchildren infamous, and Brazil later paid pensions to people who said they descended from him

Joaquim José da Silva Xavier, called Tiradentes, was a militia ensign in Minas Gerais and a leader of the Inconfidência Mineira, a 1789 plot to end Portuguese rule. The 1792 sentence condemned him to hang. His head was to be fixed on a tall post in the most public place of Vila Rica "until time consumes it", and his body cut in four and nailed to posts along the road to Minas. It declared him infamous, together with "his children and grandchildren, if he has them". His goods went to the royal treasury. The house he lived in at Vila Rica was to be razed and salted "so that nothing is ever built on the ground again". He was hanged on 21 April 1792. Brazil's republic later made him a national hero. On 16 October 1969 Congress granted lifetime pensions of two minimum salaries each to Pedro de Almeida Beltrão Júnior and his sisters Maria Custódia and Zoé Cândida as his great-grandchildren. In 1996 a federal law granted a pension to Lúcia de Oliveira Menezes as a fifth-generation descendant. The social security institute (INSS) appealed against paying her, and in September 2007 the Supreme Federal Court unanimously rejected the appeal; she said the pension was R$760. Historian Antônio Izaias da Costa Abreu argues from baptism records that Tiradentes had one daughter, Joaquina, baptised in Vila Rica on 13 August 1786, and that the Beltrão family does not descend from him.

What the law took from it

A sentence that punishes descendants creates a lineage worth claiming once the state's view of the ancestor reverses.

Family version vs. the record

The Beltrão family's descent was accepted by Congress in 1969; the IHP historian rejects it from parish records:

Cite as: celebrity.estate, “Portugal's 1792 sentence declared Tiradentes's children and grandchildren infamous, and Brazil later paid pensions to people who said they descended from him,” story s776, https://www.celebrity.estate/tiradentes-1792, updated 30 October 2026.

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