Banca de QUALIFICAÇÃO: GUILHERME DE NEGREIROS DIÓGENES REINALDO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : GUILHERME DE NEGREIROS DIÓGENES REINALDO
DATA : 26/07/2019
HORA: 11:00
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

The Criminal Justice and its Inquisitive Discourse

PALAVRAS-CHAVES:

Discourse Analysis. Holy Inquisition. Social Adequacy to Totalitarianism. Exclusivist Positivism. Constitucional Theory of Criminal Procedure.

PÁGINAS: 210
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

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 system, 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", specifically through the discussions on the research of Ludwig Wittgenstein, John Langshaw Austin and Michel Foucault to understand how language became an object of study in Law. Subsequently, the method of discourse analysis elaborated by Michel Foucault is used in conjunction with the method of comparative data analysis known as "hermeneutic structuralism" developed by Uldrich Oevermann to verify if to some extent judicial decisions originated from the criminal justice system (judgments prolated by the Court of Justice of Rio Grande do Norte Criminal Chamber 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 defended by Joseph Raz and Law as Plans, elaborated by Scott J. Shapiro, and the Constitutional Theory of Criminal Procedure outlined by Walter Nunes 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, that manifests, among other ways, through the language utilized in judicial decision.

MEMBROS DA BANCA:
Interno - 2230148 - ERICK WILSON PEREIRA
Interna - 1753047 - MARIANA DE SIQUEIRA
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR