Banca de DEFESA: MARCELO HERVAL MACÊDO RIBEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MARCELO HERVAL MACÊDO RIBEIRO
DATE: 22/11/2022
TIME: 09:00
LOCAL: maceio -
TITLE:

Negotial CRiminal Justice and Penal Garantism

KEY WORDS:

KEYWORDS: processual negotiation; criminal guaranteeism; due process of law

PAGES: 98
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Penal
SUMMARY:

The main objective of this dissertation is to analyze, in the light of the theory of criminal guaranteeism, the growing phenomenon of importation consensual resolution mechanisms to the national legal system. Starting from the premise that the Constitution of the Federative Republic of 1988 prescribed a set of limiting guarantees to the application of the punitive power, conforming a falsificationist system to define the criminal deviation, described by the Italian philosopher Luigi Ferrajoli as a guaranteeist epistemology, it is intended to examine in this work the possible contradictions raised by the negotiation mechanisms that have already been positivized ― as well as by the current projects to expand the consensus’s space ―, on the one hand, and, on the other hand, by the guaranteeist system sheltered by the Constitution of the Republic. The hypothesis is that negotiation in criminal proceedings, insofar as it dispenses the fundamental guarantees that guide and legitimize the application of punitive power within an accusatory and democratic processual perspective, presents as incompatible and potentially harmful to this guaranteeist system positivized in the Brazilian legal system. To guide the development of this research, primarily documentary and bibliographic research techniques were used, using the dialectical-phenomenological and historical-comparative method, supported by extensive material already existing, including legislation, jurisprudence and varied academic productions, national and foreign, by authors who developed critical studies on the subject of analysis.

BANKING MEMBERS:
Presidente - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interno(a) - 1352111 - ROSMAR ANTONNI RODRIGUES CAVALCANTI DE ALENCAR
Externo(a) à Instituição - MANUELA ABATH VALENCIA - UFPE