A perene canalização da violência e o discurso penal : ocultação do sacrifício e mecanismos persecutórios após Brasil : nunca mais

• Autor(a) principal: Moraes, Márcia Elayne Berbich de
• Data de Publicação: 2013
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_RS
• Texto Completo: http://tede2.pucrs.br/tede2/handle/tede/4949
• topic: DIREITO PENAL - BRASIL; SISTEMA PENAL; VIOLÊNCIA (DIREITO); DITADURA MILITAR, 1964-1985 - BRASIL; BRASIL : NUNCA MAIS - CRÍTICA E INTERPRETAÇÃO; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The mimicry of violence (as defended by René Girard) is a perennial phenomenon inherent to human beings and, in times of trouble (undifferentiation), it quickly spreads inside a group in an irrational and uncontrolled way. In modernity, the State has the monopolization of violence. However, observing the current penal punishment application towards specific groups of enemies settings are observed, as seen in the criminal selectivity and the use of State power in disconnection with its contractual premises to give support to authoritarian regimes, which constitutes a permanent factor in the dillemas concerning the penal discourse and one which is aggravated by the phenomenon of reflexive post-modernity. This relates to the theoretical origins of the penal system obtained through the condensation of ideas which, throughout time, have suffered interpretative interferences and have generated second-order languages in a diachronic-explanatory way, until its final fixation in a network of beliefs. This is observed in the analysis of some dogmas related to the State and to the Penal Judicial System, which demonstrate the debate aiming at the justification and rational legitimization of the discourse, opting for the concealment of terms and understandings that corroborate this girardian aspect, comprehending that everything which resembled pre-state terror needed to be erased from the language which exposes the theorization of the punitive discourse. Thus, with the analysis of the main discussion topics which compose the penal system, from the XVII century onwards, such as the humanization of the sentences, the discussions concerning the internal justifications of the penal process and the debate brought on by systemic theories, the need for the concealment of pre-civilizational sacrificial forms that still remain, which is not always (re)channeled through the penal punitive system, because of the necessity of maintaining the unknown for its success. Such is the Brazilian case, during the period of the civil-military dictatorship (1964-1985) and the begining of the New Republic, from 11the landmark of the publication of the Brasil: Nunca Mais report, when the recurrency of the legal elaboration (Law 6.683/79 and criminalization of torture) took place, and the girardian mechanism of persecuting the scape victim to alleviate and stanch crisis and extreme violence situations generated by the State itself and its punitive system.