Criminalização e seleção no sistema judiciário penal
It is an analysis of the Brazilian judiciary penal system, more specifically the action of prosecutors and judges as operators of the law and responsible for a significant part/portion of the penal selectivity that the system realizes through the empirical exam of criminal processes in appeal at the...
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| Tipo de recurso: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2009 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/4081 |
| Acceso en línea: | https://tede2.pucsp.br/handle/handle/4081 |
| Access Level: | acceso abierto |
| Palabra clave: | Criminalização Seletividade penal Abolicionismo penal Crime e criminosos -- Brasil Processo penal -- Brasil Pena (Direito) -- Brasil Criminalization Penal selectivity Penal abolitionism CNPQ::CIENCIAS SOCIAIS APLICADAS |
| Sumario: | It is an analysis of the Brazilian judiciary penal system, more specifically the action of prosecutors and judges as operators of the law and responsible for a significant part/portion of the penal selectivity that the system realizes through the empirical exam of criminal processes in appeal at the court of justice and at the extinct criminal jurisdiction tribunal of the state of São Paulo as an exemplar universe. The hypothesis to be verified is of the relevant role of the judiciary practice at managing the penal system, verified on the work of these operators of the Law at the construction of the crime and of the criminal. This selection is made not only through the Brazilian Criminal Code, but also by utilizing the tools available within the study of Law, used during the process of obtaining the truth behind facts classified as criminal and the judgment of the defendant. The analysis of the selectivity verifies the asymmetry in political treatment of people, accused of portraying certain crimes, sheltered under the universality of the devices of the science of the Law, including the application and individualization procedure of the sentences, serving itself from the criminal dogmatic categories, and, in an expressive way, from the juridical hermeneutics, culminating with the conclusion that the abolishment of selectivity means the abolition of sentences and the idea that punishment and pain, as a way to introduce new forms of conflict solving, far beyond the universality of the Law, with emphasis in the interests of the people and concrete situations |
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