Detalhes bibliográficos
| Ano de defesa: |
2024 |
| Autor(a) principal: |
Iacono, Ricardo Fanti
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| Orientador(a): |
Alvim, Marcia Cristina de Souza
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/41178
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Resumo: |
The preparation of this research aimed to shed light on the Power that exists in the act of judging, especially in the criminal sphere. To this end, the Power attributed to those who judge criminal cases: the Judge, was sought to be understood. This pursuit of understanding began in philosophy, from classical philosophy to current philosophers, going through the medieval period, modernity, and contemporaneity, to only after this specific philosophical journey, delve into the origins and influences of the Judiciary, in a historical context. An attempt was also made to unravel the ideology that exists in the act of judging. Once the ideology behind this act of judging was understood, a new journey began, this time in the criminal justice system, more specifically, in criminal procedure. Also, by rescuing its authoritarian origin, especially in the Italian model, it was possible to discover that the existing criminal procedural structure comes loaded with all Italian fascist ideology since its creators, who find in Brazil a fertile field and admirers who make criminal procedure the main form of repression. It was necessary, from these discoveries, to analyze the inquisitorial and accusatory criminal procedural systems. And also, to demystify the fallacious mixed system, which to this day, they insistently rescue to try to justify a hybrid, bifasic system, etc. Finally, after this entire journey, we analyzed the repressive ideological Power in favor of the State, with significant interference from the discourse of fear, and its consequences in the Brazilian prison system. After all, who has this repressive ideological Power thrown into the prison system? The same system that the Federal Supreme Court has called an "unconstitutional state of affairs." The results obtained in this research, together with the mapping of the national prison system, give us the necessary assurance to affirm that the scenario looks bleak |
