O juiz e o historiador na encruzilhada da verossimilhança: ambição de verdade no processo penal

• Ano de defesa: 2008
• Autor(a) principal: Khaled Junior, Salah Hassan
• Orientador(a): Lopes Junior, Aury Celso Lima
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITO PROCESSUAL PENAL; HERMENÊUTICA; VERDADE; MITOS
• Link de acesso: http://hdl.handle.net/10923/1733

The goal of this research is to examine the question of the ambition of truth in criminal proceedings. More specifically, the focus is the problem posed by the knowledge core of the criminal proceedings. So it intends to check the limits inherent to the judicial ritual: how this legal instrument is related to the punitive power and how the problems posed by the passeité, the trail, the interpretation and the narrative are adressed. In this sense, this research aims to discuss the criminal proceedings through the following fields of knowledge: law, historiography, hermeneutics and the science of complexity and uncertainty, trying to break a dogmatic and totalitarian concept of truth (aletheia), which, animated by a hybris, preserves the inquisitorial system, through the concept of real truth. Therefore, it opposes the excesses of substancialism and decisionism, through another conception of truth: a problematic truth (veritas), able to limit the power, to recognize the difference, by not simplifying the complexity of the object in question, which is the ambition of truth in criminal proceedings. In this sense, it is a conception of truth where the dynamic of the pharmakon assumes condition of antidote against the arbitrariness of punitive power, enabling a new opening, potentially able to ultimately achieve the accusatory system. It is with this connotation that the likelihood is proposed as the regime of truth more appropriate to the criminal proceedings. So it investigates the process as cognitive structure (in its dimension of knowledge, theories, methods and procedures), with regard to its form (contradictory procedure, culminating in a narrative, where the power comes into play) and it’s function (it’s role in the public life, the model of justice that it adheres to, which affects it’s cognitive structure). Finally, all this with a practical purpose: rethink the knowledge to limit the power. So this research adheres to the area of concentration of the Postgraduate Program in Criminal Sciences of the Pontifical Catholic University of Rio Grande do Sul (System and Criminal Violence) and the line of research on Contemporary Criminal Legal Systems.