Banca de DEFESA: FRANCISCO SIDNEY DE CASTRO RIBEIRO FEIJÃO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : FRANCISCO SIDNEY DE CASTRO RIBEIRO FEIJÃO
DATE: 31/05/2023
TIME: 17:30
LOCAL: Ambiente virtual
TITLE:

ACCESS TO CRIMINAL JUSTICE AND THE OVERCOMING OF THE AUTOMATIC CRIMINAL PROCEDURE: THE RIGHT TO LEGAL UNDERSTANDING AS A PARAMETER FOR THE QUALIFICATION OF THE CRIMINAL JUSTICE SYSTEM

KEY WORDS:

Access to justice. Criminal procedure. Right to legal understanding. Legal literacy.

PAGES: 116
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation addresses the right to legal understanding as a structural element of access to justice from the perspective of criminal procedure. It aims to evaluate the impact on access to justice and on the quality of responses from the criminal-legal system of the deficit of information and legal understanding, on the part of accused persons and victims involved in a criminal lawsuit, a circumstance that is clearly perceived in forensic practice. As for the methodological procedures, the research has a qualitative approach and uses bibliographical and documental research, in addition to jurisprudential analysis. To this end, the state of the art on access to justice will be outlined, making use of doctrinal positions and applicable legislation. Next, a specific concept of access to criminal justice is proposed, considering the dogmatics of Criminal Procedure. From this conceptualization, the right to legal understanding is related as a fundamental part of access to criminal justice, having identified instruments used to facilitate legal understanding and good practices carried out for this purpose, thus allowing the indication of minimum guidelines for the right to legal understanding in criminal proceedings. We conclude that the absence of qualified transmission of information reinforces the authoritarian bias of the criminal process and the distancing of the justice system from the citizen, contributing to distrust in the state response, which, if not effectively understood, renders the purposes of criminal sanction meaningless and contributes to the recurrence of crime and re-victimization.

COMMITTEE MEMBERS:
Externo à Instituição - MAURÍLIO CASAS MAIA
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR
Interna - 1657901 - YARA MARIA PEREIRA GURGEL