Juízes e poder: desbravando as implicações do controle ideológico punitivo no Sistema de Justiça Criminal
The preparation of this research aimed to shed light on the Power that exists in the act of judging, especially in the criminal sphere. To this end, the Power attributed to those who judge criminal cases: the Judge, was sought to be understood. This pursuit of understanding began in philosophy, from...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| 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/41178 |
| Acceso en línea: | https://repositorio.pucsp.br/jspui/handle/handle/41178 |
| Access Level: | acceso abierto |
| Palabra clave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Filosofia Poder Direito Juiz Poder Judiciário Ideologia repressiva Mentalidade inquisitória Constituição da República Processo Penal Sistemas Processuais Penais Inquisitório acusatório e misto Busca da verdade Gestão da prova Sistema carcerário Encarceramento em massa Philosophy Power Law Judge Judiciary Repressive ideology Inquisitorial mentality Republic's Constitution Criminal Procedure Criminal Procedural Systems Inquisitorial accusatory and mixed Search for truth Evidence management Prison System Mass incarceration |
| Sumario: | The preparation of this research aimed to shed light on the Power that exists in the act of judging, especially in the criminal sphere. To this end, the Power attributed to those who judge criminal cases: the Judge, was sought to be understood. This pursuit of understanding began in philosophy, from classical philosophy to current philosophers, going through the medieval period, modernity, and contemporaneity, to only after this specific philosophical journey, delve into the origins and influences of the Judiciary, in a historical context. An attempt was also made to unravel the ideology that exists in the act of judging. Once the ideology behind this act of judging was understood, a new journey began, this time in the criminal justice system, more specifically, in criminal procedure. Also, by rescuing its authoritarian origin, especially in the Italian model, it was possible to discover that the existing criminal procedural structure comes loaded with all Italian fascist ideology since its creators, who find in Brazil a fertile field and admirers who make criminal procedure the main form of repression. It was necessary, from these discoveries, to analyze the inquisitorial and accusatory criminal procedural systems. And also, to demystify the fallacious mixed system, which to this day, they insistently rescue to try to justify a hybrid, bifasic system, etc. Finally, after this entire journey, we analyzed the repressive ideological Power in favor of the State, with significant interference from the discourse of fear, and its consequences in the Brazilian prison system. After all, who has this repressive ideological Power thrown into the prison system? The same system that the Federal Supreme Court has called an "unconstitutional state of affairs." The results obtained in this research, together with the mapping of the national prison system, give us the necessary assurance to affirm that the scenario looks bleak |
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