Colaboração premiada e Direito Penal do inimigo: uma visão garantista [Digital]
Dissertação
Português
343.237
Fortaleza, 2023.
133f.
A pesquisa objetiva analisar se a adoção da colaboração premiada pelo ordenamento jurídico brasileiro tende ao Direito Penal do Inimigo, averiguando se sua previsão legal está fundada em um modelo eficientista relacionado à doutrina da law and economics; bem como se, com isso, ocorre alguma...
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A pesquisa objetiva analisar se a adoção da colaboração premiada pelo ordenamento jurídico brasileiro tende ao Direito Penal do Inimigo, averiguando se sua previsão legal está fundada em um modelo eficientista relacionado à doutrina da law and economics; bem como se, com isso, ocorre alguma flexibilização em direitos e garantias individuais. A metodologia usada é documental bibliográfica, com pesquisa de abordagem qualitativa e método dedutivo. O texto inicialmente explica sobre garantismo, tendo como premissa que o constitucionalismo brasileiro adota bases principiológicas idênticas, notadamente no sistema penal.Em seguida, faz-se uma análise acerca da expansão do direito penal, identificando seu elo com a globalização, a sociedade de riscos, os modernos movimentos de política criminal (law and order, a análise econômica do direito (law and economics)
e com a teoria do direito penal do inimigo de Günther Jakobs. Por fim, o estudo se volta à colaboração premiada, verificando se esta tende ao direito penal do inimigo ou se está mais aproximada do sistema garantista, tido como ideal.
Palavras-chave: Garantismo; Colaboração Premiada; Direito Penal do Inimigo; Análise
Econômica do Direito. Ver menos
e com a teoria do direito penal do inimigo de Günther Jakobs. Por fim, o estudo se volta à colaboração premiada, verificando se esta tende ao direito penal do inimigo ou se está mais aproximada do sistema garantista, tido como ideal.
Palavras-chave: Garantismo; Colaboração Premiada; Direito Penal do Inimigo; Análise
Econômica do Direito. Ver menos
The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this,... Ver mais The research has the purpose to analyze whether the adoption of turn state¿s evidence
by the brazilian legal system tends to the Enemy Criminal Law, verifying whether its legal provision is based on an efficient model related to the doctrine of law and economi
cs, as well as whether, with this, there is some flexibility in individual rights and guarantees. The methodology used is bibliographic documentary, with a qualitative research approach and a deductive method. I nitially the text explains about the
guarant e eist theory, having as a premise that brazilian constitutionalism adopts identical principles, notably in the penal system. Then, it is made an analysis of the expansion of criminal law, identifying its link with globalization, the risk society,
the modern movements of criminal policy (law and order) and law and economics, as well as with Günther Jakobs¿s theory of Enemy Criminal Law. Lastly, the study turns to
turn state¿s evidence, verifying if it tends to the Enemy Criminal Law or
if it is closer to the guaranteeist system, taken it as ideal.
Keywords: Guaranteeist theory. Turn state¿s evidence. Enemy Criminal Law. Law and
Economics. Ver menos
Santiago, Nestor Eduardo Araruna
Orientador
Dias, Eduardo Rocha
Banca examinadora
Oliveira, Bruno Queiroz
Banca examinadora
Universidade de Fortaleza. Programa de Pós-Graduação em Direito Constitucional
Dissertação (mestrado)