Legal practices in the criminal field and the construction of truths in criminal persecution: a debate grounded on Michel Foucault
The main objective of this article is to critically analyze emblematic judicial practices in the criminal field and its role in the construction of the truthsthat are relevant to the current Brazilian criminal persecution. It is important to discuss, for example, whether the exposure of prisoners an...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Instituto Brasileiro de Direito Processual Penal
2019-06-01
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| Series: | Revista Brasileira de Direito Processual Penal |
| Subjects: | |
| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/199 |
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| Summary: | The main objective of this article is to critically analyze emblematic judicial practices in the criminal field and its role in the construction of the truthsthat are relevant to the current Brazilian criminal persecution. It is important to discuss, for example, whether the exposure of prisoners and the search for confession are legitimate instruments of a system that announces itself to be accusatory. The cut of this problematic, as important as it is complex, will be structured from Michel Foucault, author whose conceptual excavations allow us to observe more clearly the articulations carried out by the official system of control towards the maintenance of its accentuated protagonism in the exercise of punitive power. The hypotheses used in the development are based on the idea that the mediatic presentations of prisoners and the search for the confession of the investigated are fundamental elements in this historical process of authoritarian circularity, currently maintaining absolutely disrespectful conditions of rights and guarantees constitutional and democratically established. |
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| ISSN: | 2525-510X |