Em busca de uma política criminal igualitária: o eterno conflito entre a eficiência e o sistema de direitos e garantias na persecução penal dos delitos econômicos

Abstract

This dissertation was developed within the framework of the line of research Hermeneutics, Constitution and Implementation of Rights (line 1) and presented as a requirement for obtaining the master’s degree of the Post-graduate Program in Law of the Academic Unit for Research and Graduate Studies at the University of Vale do Rio dos Sinos – UNISINOS. With the support of Hermeneutics, it sought alternatives to reach an egalitarian criminal policy, in particular, on the eternal conflict between efficiency and the system of rights and guarantees in criminal prosecution of economic crimes. In the first chapter of this research the arguments used for the legitimation of imprisonment and the consequent increase of the prison population were critically discussed from the selectivity of criminal prosecution, formation of the quali(quanti)tative profile of the Brazilian prison population and the abandonment of the ideal resocialization agent. Sociological and phenomenological issues related to punitive populism – bypassing the approach of risk society, the role of the media and the protection of legal goods – were the topics analyzed in the second chapter. In the third chapter of the research, a critical reflection of Economic Criminal Law, as a sub-product of the globalization phenomenon presenting paths for criminal intervention in the fight against economic crime and in the search of an equalitarian criminal policy, was developed.