Navegando por Autor "SILVA, Adrian Barbosa e"

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Garantismo e sistema penal: crítica criminológica às prisões preventivas na era do grande encarceramento
(Universidade Federal do Pará, 2016-04-28) SILVA, Adrian Barbosa e; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577
This work has as central issue the application of pretrial detention by judicial agencies in the context of the Brazilian criminal justice system. Starting from the premise that the criminal justice systems located in Latin American margin, the periphery of the neoliberal global capitalism, lack legitimacy due to structural factors, in the first chapter, it takes place kind of “general radiography” of the Brazilian penal system tensing it’s official programming, directed to protect human rights by means of combating crime, with the operational reality of their punitive agencies that operate in real reversal, when violate them, that is, opposite to what is proposed, and the great incarceration of the main problems of this reality, occupying the central role pretrial detention for both. Seeking to highlight the close relationship between the application of this institute with the national problem, there was analysis of all habeas corpus judgments of the Court of Justice of Pará, on pretrial detention during the year 2015. Once verified the hypothesis that this cautionary prison is at the confluence of the paraense penitentiary system data with the results of empirical research, essentially dysfunctional to cautelaridade, it passes the prison to be the rule and freedom the exception. In the second chapter, it seeks to theoretically describe the problem in order to not fall to the objectivity of the visible, far beyond the one shown on the data collected and, from the development of problematizing criminological theory (critical criminology), in particular produced in Latin America, it seeks to unveil the existing real functionality, but hidden behind the application of the precautionary prison (unequal social control through penalty anticipation, enemies containment and social defense), and representative decisions of three decision models were analyzed, presented in the first chapter and theoretically studied in the second. Since a critical model of criminal sciences, surpassing the criminological positivism and the belief in the ideology of social defense, criticism proposes a unique and questioning approach to the problem, requalifying the jurist's role (critical jurist). Finally, the last chapter, in view of the considerations made, and qualitative contribution afforded by “criminological magnifying glass” approach is carried out from the warrantism theory which, seen as a political-criminal strategy (methodological approach), nevertheless be open to criticism (especially by criminology), shows interesting response mechanism to delegitimization and, as regards the specific case of pretrial detention is undoubtedly a possible and viable tool for reducing damages from hiperincarceration logic. Since the rescue of historical-foundational perspective of traditional warrantisms to its epistemological reconstruction in the work of Luigi Ferrajoli, it seeks to finally demonstrate the real possibility of reception and application of warrantism criticism of legal foundations authorizes of preventive penal protection for before of (dis)functionality of penal control, reduce prisons, guarantee rights, extend freedoms and save lives.
Acesso aberto (Open Access)
A ilusão do controle das drogas: guerra às drogas e economia política do controle social
(Universidade Federal do Pará, 2021-10-29) SILVA, Adrian Barbosa e; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This present thesis confronts the theme of social control in the war on drugs. In its methodological path, which combines bibliographic and documental techniques with dialecticity anchored in the empirical (general method), it retakes the discussion around the concept of social control to evaluate its heuristic potential for analyzing the researched object (social control of drugs). When carrying out a national diagnosis based on the literature review (penalism and criminology), and noting the absence of a consolidated debate, it proposes a problematizing approach, in a negative (deconstruction or criticism of social control) and positive (reinvention or revisited social control) dimension in the face of particularities of the situated context. In this way, it seeks to boost the sociological oxygenation of critical criminology (referent), from an interactionist-materialist perspective (specific methodology) open to interdisciplinarity, forging a conceptual approach based on power relations (intersectional social control), from Mead to Marx & Foucault (and Mbembe), from contributions of gender, race and class and, consequently, on hierarchies of neoliberal capitalism and on the bonds of global dependence. Prohibitionism is taken as a case of study, given the need to cut and its unique relevance for understanding criminal and social issues. When questioning the impact of the production relations of the Brazilian social structure on the articulation of strategies for the social control of drugs (problem), tests the hypothesis – which, in light of the political economy of punishment, leads to believe that they are consistent with the transformations of the hegemonic mode of production –, and indicates its developments (objective general), dividing the investigation into four moments (specific objectives): initially (1st chapter), the limits of the legal field for understanding the phenomenon and the role of the hegemonic vision built in research on drug consumption, production and trade in Brazil for the maintenance of a security and defensive “academic collaborationism” are questioned, drawing up, in reaction, the guidelines for a (critical) sociocriminology on drugs and social control; then (2nd chapter), the debate around social control is reconstructed, proposing an updated reading on the subject, for then (3rd chapter) to situate social control in the scope of the critique of political economy, historicizing it in the Brazilian social structure and in its mode of production and, finally, the development of Brazilian-style prohibitionism, in both aspects, as much internationally as domestically, from the colony to democracy; and, finally, but not least (4th chapter), the microphysics and macrophysics of the war on drugs are unveiled, as a way of understanding the dimensions of the power relations that underlie (and which) strategies for the social control of drugs in the current stage of capital accumulation in the country and, as a background issue, the very meaning of “failure” (and the “alternatives” proposed to it) of war on drugs. It is intended, in the final analysis, to build criticism advocating the horizon of a political economy of social control of drugs, proposing a re-discussion of the metaphor or war in the light of the sovereignty of capital. It is a possible intellective effort for an emancipatory understanding and transformation of the social reality of the peripheral crowd that is the priority target of bio and necropolitical strategies in the social order.