Uma filosofia para a criminologia em Nietzsche : do niilismo à transvaloração de valores penais para uma democracia perspectivista

• Autor(a) principal: Cardoso, Alianna Caroline Sousa
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMT
• Texto Completo: http://ri.ufmt.br/handle/1/5386
• topic: Método genealógico; Niilismo jurídico-criminológico; Transvaloração; Democracia; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Genealogical method; Legal-criminological nihilism; Transvalue; Democracy

The present investigation consists of a study of the genealogical method developed by Friedrich Nietzsche, his perspectivism and his proposal for the transvaluation of values in order to evaluate and later move away from what we will call legal-criminological nihilism as a way of allowing the configuration of a democracy that itself the possibility of meeting the needs of the perspectives of historically segregated individuals. Based on the Nietzschean genealogy, we aim to conduct a search for the bases of our current punitive conception, with a critical analysis of legal dogmatics and hermeneutical methodological processes in order to propose a philosophy for criminology and for criminal law as an instrument to unveil a decolonization of legal thinking, coined under the philosophical prism as a transdisciplinary method that grants perspectives different from those traditionally adopted by the penal system, aiming, above all, to transvalue criminal values towards a democracy whose perspectives attribute new values to criminal law from the inversion of use of the tools of criminology. The starting point of this study is Nietzsche's critique of modernity and the values that constituted the history of criminal law and, as a consequence, criminology, and our consideration for the existence of a crisis installed by the emptying of legal institutions, the disbelief in the model of politics criminal hitherto adopted and, mainly, the crisis of moral values while those that strengthen the bases of criminal prosecution. For us, the installed crisis was accentuated by the coronavirus pandemic due to the emphasis it placed on countless contemporary sociological problems. In the context of violence, we understand that the social inequalities emphasized by the humanitarian crisis can corroborate the total fallibility of the criminal justice system, given the possible emergence of new forms of crime even more related to social injustices. In this sense, this study proposes new ways of interpreting Criminal Law and criminology, especially in view of the new panoramas that are ahead. We highlight the need to rethink the hypertrophy of Criminal Law, given the fact that it is not a single instrument of social control capable of addressing social issues, especially post-pandemic. In this sense, the need to combat symbolic Criminal Law, fostering changes of democratic background, giving rise to the guarantee model of protection of Fundamental Rights and overcoming the liberal-individualist paradigm of production and application of Criminal Law. We criticize, above all, the punitivism and the discourse of truth that instrumentalize Criminal Law as a primordial tool of social control for a criminal policy perspective in the face of violence and the possible new formats of criminality in view of the categorization of subjects that tends to rise with the increase in poverty and the consequent social crisis installed by the emergence of the pandemic and the political-ideological confrontation of neoliberal nuances currently sustained in Brazil. In this way, we intend to defend in Nietzsche, a philosophy for criminology, with the departure of legal-criminological nihilism for a democratic perspective from the transvaluation of penal values, providing a zetetic perspective of Law.