Garantismo penal para quem? O discurso penal liberal drente à sua desconstrução pela criminologia
http://dx.doi.org/10.5007/2177-7055.2017v38n75p129The present article deals with the effectiveness of individual guarantees and the reflection of this problem in access to brazilian criminal justice. In spite of the guarantees speech present the possible instruments for the defense of the accused an...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6068253 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 38, Nº. 75, 2017, pags. 129-156 |
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| Summary: |
http://dx.doi.org/10.5007/2177-7055.2017v38n75p129The present article deals with the effectiveness of individual guarantees and the reflection of this problem in access to brazilian criminal justice. In spite of the guarantees speech present the possible instruments for the defense of the accused and to equality of treatment to subjects in the process, the reality procedure indicates that this discourse is merely rhetorical and limited to theoretical plane-abstract, with difficulties to achieve practical-reformist. The work is bibliographic and develops concepts concerning the selectivity and the ways of controlling punitive power. To approach the subject, it was assumed the critical perspective of penal guaranteeism proposed by Luigi Ferrajoli. |
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