Uma análise fenomenológica dos juizados especiais criminais como resposta à crise do direito e do sistema penal

Abstract

This research is consisted of the phenomenological analysis of the Criminal Special Courts, where the application of the institutes that are in charge of not punishing by law, and the conditional of the process is highlighted. At the beginning, it will be accomplished a general panorama of the crisis situation of the law and of the penal Brazilian System at the present. Following, the fundamental presupposition of the philosophical hermeneutic that will fit as an instrument of rupture with the way of thinking proposed by the legal dogmatic. Subsequently, an hermeneutic approach about the proportion principle, in its double sense, will be done: the prohibition of the excess and the prohibition of the deficient protection. At the end, the way how this principle can fit, as a sense vector for a suitable interpretation regarding the protection of the fundamental values found in the Brazilian Federal Constitution of 1988, will be shown