Do sacrifício a "pena dos modernos": como a ideia cristã de pena moldou o direito penal no ocidente

• Autor(a) principal: Barbosa, Milton Gustavo Vasconcelos
• Data de Publicação: 2017
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Repositório Institucional PUCRS
• Texto Completo: http://hdl.handle.net/10923/16467
• topic: ANTROPOLOGIA FILOSÓFICA; PENA (DIREITO); DIREITO PENAL

This study analyzes the transformations of the punitive types in Western countries, focusing on the influence of Christian thought in this process. Its main hypothesis is that Christian anti-sacrificialism was the idea from which the slow replacement of sacrifice by the modern model of punishment has derived. In this sense, the three forms of conflict resolution in the criminal sphere, namely, sacrifice, talion and “punishment”, were approached, in search of criteria to differentiate them. Further, it was demonstrated that the differentiating aspects of the modern penalty, regarding the sacrifice and talion, were abundantly present in Christian authors’ writtings from the Ancient to the Middle Ages. Finally, it was concluded that the continuous defense of these differentiation factors, in Christian authors of absolutely distinct periods, and their apparent absence in authors of the ancient world, point out the relevance of the influence of Christianity in the foundation of punishment as it is conceived in nowadays. This study’s relevance is verfied to the extent that it seeks, through it, to clarify historical misconceptions tirelessly repeated about the proposed theme and, moreover, to explain the contribution of Christian thought in the formation of the conception of modern pen. This research is oriented by the exploratory method, with both bibliographic and documentary research.