Arbítrio, criminalização e seletividade: uma análise do abuso de autoridade sob as perspectivas criminológica e dogmática

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This dissertation is linked to the line of research Production and Application of the Law and the project Criminal Policy and the Production of Law of the University of Vale do Itajaí UNIVALI, in the State of Santa Catarina. It examines certain aspects of Brazilian Federal Law No. 4898/65, specifically, the part which criminalizes conducts that affect human rights (highlighting the terms foreseen in its article 4), which come under the common designation of abuse of power. The idea is to develop an approach to this regulatory text, taking critical criminology as its main point of reference. It seeks to demonstrate the process of formation of modern Penal Knowledge, discussing its evolution, with the full incorporation of the ideology of Social Defense. It then correlates the criminalization of the abuse with this ideology. Due to the extreme importance of this law, this study also seeks to demonstrate its adaptation to some specific (maximal) models of criminal policy. The main goal is to demonstrate the inadequacy of this criminalization process to restrain the violence typified in it, firstly due to the expansion of a combative policy on crime prevention, which is capable of greatly increasing the very institutional violence that the Law seeks to restrain, and secondly, because the Penal System itself is an instrument of selective social control, which paradoxically promotes the violence that it claims to oppose, for which reason it is completely unqualified for its intended aims. Finally, the text ends with a dogmatic analysis of the way in which abuse of power is dealt with by the law, fulfilled through a garantistic approach, although without losing the criminological perspective adopted from the very beginning

ASSUNTO(S)

política criminal abuso de autoridade social defense ideology social reaction criminology ideologia da defesa social abuse of power criminal policy direito criminologia crítica

ACESSO AO ARTIGO

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