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Sobre a proteção de bens jurídico-criminais nas sociedades capitalistas.

Authors :
Chaves, José Mário
Source :
Direito, Estado e Sociedade. Jan-Jun2023, Issue 62, p154-177. 24p.
Publication Year :
2023

Abstract

The present text intends to analyze the theory of the legal-criminal interest and the supposed neutrality with regard to the value judgment made by the legislator on the interests of the human person and the collectivity. In a capitalist environment, the choice of legislator tends to reflect the interests of certain hegemonic social classes. The general objective is to critically appreciate this factor, using arguments from Critical Criminology and specific questions from Political Science. The article seeks to open new investigative paths aimed at bringing Criminal Law closer to Political Science (and not only to Philosophy of Politics). New studies can collect concrete data from the Brazilian political scenario and, with that, examine the production of legal-criminal norms in relation to different perspectives: influence of actors with veto power, impacting issues of coalition presidentialism, etc. To build an interdisciplinary knowledge, the dialogical method was used. As a result, this research showed that the official discourse translates into the notions of equality and general protection, but legislative practice demonstrates that there is not always equanimity in the selection of (legal) interests. [ABSTRACT FROM AUTHOR]

Details

Language :
Portuguese
ISSN :
15166104
Issue :
62
Database :
Academic Search Index
Journal :
Direito, Estado e Sociedade
Publication Type :
Academic Journal
Accession number :
176912208