Punição e penas restritivas de direito: apontamentos da disputa da racionalidade penal moderna

• Autor(a) principal: Pereira, Eduardo de Castro Carneiro
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/9832
• topic: Punição; Modernidade; Racionalidade penal; Penas restritivas de direito; Controle social punishment; Modernity; Criminal rtionality; Restrictive penalties of law; Social control; CIENCIAS HUMANAS::SOCIOLOGIA

The present study reflects on the production of punishment as a social institution in modern Western society. Therefore, the objective is to discuss the sociability parameters of the punitive institution in the relationship between the individual and the social structure, as well as the process of conception of modern criminal rationality. Thus, the theses of the penal guarantee and minimum Penal law are used to allocate the restrictive penalties of law as resulting from the reflective process characteristic of the modern legal system. In addition, the research also aims to analyze the relationship between these theses and the conception of the democratic State of law, and their ability to dispute the distressing penal rationality found in the custodial sentences of freedom and criminal selectivity. The problem of research is the existence of the dispute of modern criminal rationality centered on the perspectives of minimum criminal law and maximum criminal law. For this, we used the methodology of bibliographic research, seeking to compare and discuss the theories and productions that have already passed through scientific screening. From the study carried out, it was possible to identify that modern criminal rationality, despite being influenced by the parameters of social differentiation, secularization and individuation of the humanistic perspective of society conception, still has in the punishment the centrality of contemporary social control processes. These processes are articulated with the updates of the capitalist mode of production in the perspective of punishment as a mechanism for the administration and maintenance of social inequalities. The restrictive penalties of law, although institutionalized, do not overcome the distressed mode of punishment is false and end up functioning as a kind of appendix technique that extends the reach of contemporary social control. In this way, I point out that the dispute within the legal field between minimalism and criminal hardening ends up maintaining the same punitivist and selective structure. It was also possible to identify the displacement of the reflective process of the legal field to the public sphere, which results in criminal policies of selective criminal hardening interesting to neoliberal proposals to decrease the participation of the state Social. These policies end up imputing to the individual a responsibility in resolving conflicts that tends to hyperindividualization in the social sphere and minimal performance of the state in the processes of guarantees of rights nowadays, instituting a kind of state Criminal. It is pointed out, in this sense, the resumption of the restrictive penalties of law in a project of society that seeks the dispute of modern criminal rationality not in the legal field, but in the political field, so that one can fight the daily violence aiming the reduction Social inequalities and, consequently, the reduction of criminal aspects.