Delinquência como elemento de inclusão social: análise das tensões provocadas pela repressão dos delitos patrimoniais e função orgânica do crime na sociedade de consumo

• Autor(a) principal: Lara, Marcelo D’Angelo
• Data de Publicação: 2019
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/123456789/20046
• topic: Delinquência patrimonial; Repressão criminal; Inclusão social; Sociedade de consumo; Tensões sociais; Patrimonial delinquency; Criminal repression; Social inclusion; Consumerism; Social tensions; Delincuencia patrimonial; Represión criminal; Inclusión social; Sociedad de consumo; Tensiones sociales; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present thesis was conceived from the interest in the criminological study of the social tensions resulting from the clash between the brazilian criminal repression system and the delinquency modalities that denote the purpose of equity gains. Addressing the concept of patrimonial delinquency, the work investigates the evolutionary process by which the brazilian criminal system incriminates conducts regarding property protection, both in the public and private sectors, with emphasis on the latter, as well as sustaining private property as a basic right. The main objective of the research is to prove the conflict between the peculiarities of a patrimonialist model of criminal repression and the drives of insertion in a society of self-affirmation through consumption, generating shear stresses and social rupture that, contradicting the prognoses of repression, foment the problem known as "violence phenomenon". In order to meet the general objective, the work seeks to analyze the social utility of patrimonial delinquency, in contrast to the frivolity of the repression efforts on this type of criminal modality, analysis based on four axioms: the axiological sense of property in the western civilization evolution process; the establishment of a penal model centered on the control of patrimonial delinquency; the patrimonialist inclination of the criminal repression apparatus in Brazil; and the inductive and dissuasive factors of patrimonial delinquency, represented by the normative values manifested by potential delinquents. As a consequence of the analysis, it is concluded by the inclusive character of the patrimonial delinquency in a consumer society, demonstrating its performance not only in the promotion of the formal consumer market established, but also in the creation of parallel markets, based on of illicit goods and services. It also concludes by the ineffectiveness of a selective and segregatory repressive structure, based on safeguarding the privileges of the upper classes, and recurrently affronted by the delinquent action of the less favored in the pursuit of their own consumerist ideals. It is an empirical research based on the hypothetical-inductive method, which is based on the critical epistemological study of social dynamics, combining bibliographical sources of different areas of knowledge such as history, philosophy, sociology, statistics, economics and criminal law.