The Criminal Justice and its Inquisitive Discourse
Discourse Analysis. Holy Inquisition. Social adequacy to totalitarianism. Law as plans. Constitutional Theory of Criminal Procedure.
The objective of this research is to analyze whether the structuring elements of
the punitive model consolidated with the performance of the ecclesiastical
tribunal of the Holy Inquisition - which are the maximization of criminal
threat, discursive armamentism, neutralization of sources of authority,
strengthening of social prejudices and disregard of defensive arguments - are
manifested in judicial decisions from the Brazilian criminal justice, and if
so, how would this occur. In order to fulfill this task, first an incursion is
made into the evolution of language theory in the period known as the
linguistic turn, as a effort to understand how language became an object of
study in Law. Subsequently, the foucaltian method of discourse analysis is used
in conjunction with the method of comparative data analysis known as
hermeneutic structuralism to verify if to some extent habeas corpus judgments issued by the Criminal Chamber of Rio
Grande do Norte Court of Justice between 01/05/2018 and 06/01/2018,
incorporated and expressed in its fundamentation the structuring elements of
the punitive model of the Holy Inquisition. Then, in order to find solutions to
the problem outlined, there is an engagement in reflections on the very
function of Law, starting with the notions of Legitimate Authority and Law
as Plans, which are then connected with the interpretative premises of the
Constitutional Theory of Criminal Procedure in order to explain the importance
of Criminal Law and your inherent plans to contemporary societies. Finally, it
is explained the permanent conflict between the interpretative premises of the
constitutional criminal process and the power relations they seek to regulate,
and then discuss the hermeneutic and institutional solutions presented by the
master plan of the Federal Constitution of Brazil to the problem of social
adequacy to totalitarianism.