Excessos interpretativos da dogmática criminal no combate à corrupção

• Autor(a) principal: Abib, Sean Hendrikus Kompier
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/23335
• topic: Corrupção - Brasil; Judiciário; Impunidade; Corruption - Brazil; Judiciary; Impunity; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present dissertation seeks to face an issue that has been present throughout this century, the need for a more intense and efficient model to fight corruption, in order to live up to the needs of preventing Public Thing and the latent impunity in these crimes. In this context, the present research directs its efforts to understand the interpretive excesses practiced by the Judiciary when dealing with corruption crimes. When investigating this question, through the orientation of the hypothetical-deductive method and based on documentary sources, the answer will be that the Judiciary, in seeking this more proactive stance to fight corruption, comes to break with innumerable constitutional precepts, to meet the social pretensions end of impunity, precepts that have the function of protecting the citizen against state excesses. At the end of a scientific observation, based on three parts - the constitutional content of Brazilian rules and the impact of globalization on current law, the theory of crime in the light of the constitution and the theory of punishment in a constitutional reading - we will arrive at to the conclusion that, today, Brazil, through the Judiciary, imposes a heterodox reading of the crimes of corruption, precisely in order to be able to meet the popular desires to fight impunity, without paying attention to the radical fact that corruption is, for the most part, a political problem and fundamental rights cannot be vilified on any argument, let alone those