O garantismo penal e o dever retributivo do estado

Abstract

ABSTRACT This is a course completion work, for a bachelor's degree in Law, from the Pontifical Catholic University of Goiás, whose proposed theme will analyze the theory of Legal Guarantee, created by the Italian jurist Luigi Ferrajoli, opposing it with a different hypothesis, which deals with guaranteeism. monocular hyperbolic, an expression created by Douglas Fischer – with the aim of recognizing the protection of fundamental individual rights, but not forgetting collective and social rights. The thematic proposal contributes to undoing the mentality of “bandidolatry”, resulting from the ideology of an academic, political-bureaucratic and legal oligarchy, exposing the romanticization of criminality and demonstrating the consequences concerning the Monocular Hyperbolic Guarantee, which is disproportionately evident (hyperbolic) and in an isolated way (monocular) the need to protect only the fundamental individual rights of investigated, prosecuted or convicted citizens. Finally, we will discuss the aforementioned Criminal Guarantee, especially with regard to the need to seek to seal excesses and prohibit state negligence, so that fundamental individual, social and transindividual rights are simultaneously respected.

Keywords: Guarantee; pity; banditry; Criminology; impunity.