Por um direito penal democrático: possibilidades de diálogo entre Alessandro Baratta e Luigi Ferrajoli

Abstract

This research focuses on the current need to discuss strategies to combat the main problems of the Brazilian penal system, considering that, even after the Federal Constitution of 1988, panpenalist discourses are maintained. This issue will be addressed from the perspectives of two great scholars critical of the functioning of this system: Alessandro Baratta and Luigi Ferrajoli. Therefore, the research problem motivating this investigation consists of the following: To what extent is it possible to establish strategies for the Brazilian penal system that are aimed at confronting the panpenalist tendencies through a dialogue between criminal guaranteeism and Alessandro Baratta's critical criminology? The objective, then, was to verify how it would be possible to trace this dialogue between two epistemologically distinct theoretical fields, in order to guide axes or strategies that seek to implement democratic criminal law. The methodology applied was deductive research, of an explanatory and qualitative nature, based on bibliographical studies of works authored by Luigi Ferrajoli and Alessandro Baratta, in addition to the use of authors who focus on criminal guarantees and critical criminology. As a result, the research found that the points of convergence between the authors are: the conception of Human Rights and the Democratic Rule of Law. Thus, it was possible to outline combat strategies on the following topics: precautionary arrests; criminal legislative process and criminal execution.