Direito, discurso, dogma : uma crítica à mentalidade positivista e punitivista do Direito Penal brasileiro

• Autor(a) principal: Macedo, Arthur de Almeida
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Espírito Santo (riUfes)
• Texto Completo: http://repositorio.ufes.br/handle/10/9890
• topic: Perspectiva indiciária; Método cartesiano; Sociologia; Perspectiva (Filosofia); Ceticismo; Dogmatismo; Positivismo jurídico; Sociologia jurídica; Direito penal - Brasil; 316

The present work has as scope understanding in greater depth the disposition of the relations of forces within the Brazilian penal system. The prison structure faces an institutional crisis, especially in relation to its re-socializing promise, and awakens in critical scientists a concern about its functioning. In this project, we seek to understand not only the discourses proclaimed by the centers of power that manage the Brazilian penal architecture, but also, in time, we address the hidden intentions that these discourses hide. Using a perspective that does not want to find the absolute truth, as it is unreachable, but we pursue, throughout the text, a probable truth that could unveil what political intentions formulate the official discourse. Once inside the research, we realized that, in order to better evaluate the punitive system, it would be necessary to absorb not only the ideals and values present there, but also to return to the beginnings of its construction, at a time when the law operators mindset is formatted, that is in legal education centers. We identify how the practices and the way in which legal science is passed on in educational institutions. Therefore, another absolutely essential discovery for the development of our research was the perception of the dogmaticpositivist-rational paradigm that gives rise to much of the archaic punitive mentality that hangs over criminal forums. And it was precisely when we looked at the Cartesian bias that involves not only practices but also legal science itself that we point to a rupture with the positivist dogmatic paradigm from a critical perspective of this juridical dogmatics.