Sistema de Justiça Criminal e Ius Puniendi Estatal: a instrumentalização e transnacionalização do controle social

Abstract

The present study aims to answer the following question: Does the exercise of the State’s ius puniendi privilege economic interests to the detriment of social interests? Therefore the research is divided into three chapters, wich, respectively, deal, firstly, with the formation basis and legitimacy of the Modern State and the ius puniendi; take the concept, secondly, of the Criminal Justice System, exposing its ramifications, such as prison, and the relation this last one has with Economic Power and the neoliberal governance; and, lastly, in third place, deals with the exported model of instrumentalization and use of prison as the means of containing poverty, along with the concept of transnationalization of social control, which had been imposed and brought by Brazil. The purposes are to explore, from the perspective of critical criminology, the way in which criminalization and penalization contribute to social control with a focus on stigmatization and exclusion of social classes inserted in the foundation or on the margin of the capitalist system of consumption and production; to verify the theoretical core of formation, function and legitimacy of the modern State and the ius puniendi; to analyze the intricacies of the Criminal Justice System to understand how it works and how it is used; and to examine the existence of, in Brazil, social control based in economic interests. The method of dialectical approach at certain times occurs when the incidence of patterns of its laws arises, but the hypothetical-deductive method is prominently applied, inasmuch as adopting the hypothesis as a starting point, seeks the work development in a descending way. A technique that is clearly understood when observing the procedural methods: in the first chapter, the historical method; in the second chapter, the comparative method; and the structuralist method applied overall. Furthermore, bibliographic and documentary research methods are used, this with an exploratory nature. The conclusion reached is that economic interests have been present in the main social changes in human communities; of which the Criminal Justice System, and especially the prison, today they have served as an instrument of containment for individuals not absorbed by their consumption or their production of goods in the capitalist system.