Navegando por Assunto "Filosofia"

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O direito penal do inimigo e o primeiro comando da capital: a relação entre a cultura punitivista e a estruturação da organização criminosa
(Centro Universitário do Estado do Pará, 2020) Silva, Ingridy de Azevedo Rodrigues da; Nunes, Izadora Nogueira; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660
This paper aims to contribute to a more secure and rational public security model, demonstrating the consequences that exacerbated punitivism and the relaxation of rights can trigger to public security in general. The advent of globalization was the starting point for the application of a security model based on the persecution of the criminal as an immediate solution to contain the new means of risks arising from this new era. Thus, it was possible to identify the application of a non-human Criminal Law, the Inimig Criminal Law, theorized by Gunther Jakobs, which authorizes this coercive and authoritarian State action towards those who are stigmatized as elements of high danger, which threaten the social order. Such a theory can be identified both at the time of criminal prosecution, which is constantly being flexed to lead to conviction, as well as within prisons, precisely because these are places where these subjects are taken to pay for the crimes they have committed. The stigma attached to imprisonment, therefore, makes the sentence a real torture because of the constant violence within prisons beyond the precarious structure that these places present. Such conditions were fundamental to a process of self-organization of the prison population, driven by a sense of injustice and revenge, through a parallel organization that was precisely the First Capital Command. Therefore, the application of an extremely punitive public security strategy had the opposite effect, as macro-crime spread throughout the country and today is highly powerful and articulate.
Relato de pesquisa: a verdade no processo penal sob a perspectiva da hermenêutica gadameriana
(Centro Universitário do Estado do Pará, 2018-06-20) Azevêdo, Maria Carolina Braz da Silva; Lima Filho, Eduardo Neves; Neves, Rafaela Sena Teixeira
This is a research report made during the Law course at the “Centro Universitário do Estado do Pará - CESUPA”, since the second semester with the discipline of “Introdução ao Estudo do Direito II” and is still in continuity. The research aims to discuss aspects of criminal procedure law in a perspective of constitutional guarantees from the point of view of hermeneutics, based on the theoretical reference of Hans-Georg Gadamer, in order to propose, through a discussion of philosophical theoretical aspects, solutions for practical problems of rights violations in criminal proceedings. As a result until this moment, we have obtained the publication of an article in the “Revista de Estudos Criminais”, wich has “Qualis A1”.