Banca de DEFESA: JAIR ANTONIO SILVA DE LIMA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : JAIR ANTONIO SILVA DE LIMA
DATA : 05/10/2020
HORA: 09:00
LOCAL: Virtual - Ambiente MConf - RNP
TÍTULO:

CRIMINAL ORGANIZATIONS AND PUBLIC SAFETY: REFLECTIONS IN THE LIGHT OF THE STJ JURISPRUDENCE

PALAVRAS-CHAVES:

Criminal Organizations, Public Security, Risk Society, Law as Integrity.

PÁGINAS: 172
GRANDE ÁREA: Outra
ÁREA: Multidisciplinar
RESUMO:

This paper aims to understand how the Superior Court of Justice (STJ) decides and how it bases its decisions when judging habeas corpus (HC) filed by members of criminal organizations. In the current political-social context, violence and crime constitute public unrest, starting to feed a collective feeling of fear and insecurity. Despite initiatives by the Legislative Power to instrumentalize the penal normative system, these changes remain aligned with the punitive model of liberal traditions, in contrast to the current organized forms of crime and violence. In this sense, we seek to understand the extent to which this scenario of generalized insecurity as a result of the activities of criminal organizations is valued by the STJ in its judgments. We seek to identify the Court's decision-making pattern and what variables are manifested and how much they interfere in the direction of the decision. Specifically, we aim to define a criminal organization and present its main characteristics, in addition to identifying and analyzing the vocabularies of reasons used to support its decisions. We adopted Ulrich Beck's (2011) risk society as a theoretical framework, to work on the notion of risk atomization and generalized insecurity, as well as the theory of law as integrity by Ronald Dworkin (1999), which requires judges to consider that the public standards system is treated as a coherent set of principles. For the analysis of the corpus of this work, we used the motif vocabulary theory (MILLS, 2016) and, in a complementary way, we used Foucault's (1998) notion of power and discourse analysis (AD). The results obtained reveal that the Court has understood that the crimes committed by criminal organizations have a greater devaluation and, under this premise, made a reading of the element of risk to public order from the contemporary social context. 

MEMBROS DA BANCA:
Presidente - 1642959 - CLOVIS ROBERTO ZIMMERMANN
Externo à Instituição - DEQUEX ARAUJO SILVA JUNIOR
Externo ao Programa - 2214314 - SELMA PEREIRA DE SANTANA