O discurso inquisitivo na justiça criminal potiguar

Abstract

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. 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. 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. 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.