Da legitimidade da intervenção penal no Estado democrático de direito: da expansão punitiva na criminalização dos movimentos sociais à construção de um direito penal racional sob a perspectiva constitucional

Abstract

This doctoral thesis deals with aspects of modern theories of criminal law have developed in recent years, as well as combining the knowledge of the social theories of post-war focus on consolidated theory of autopoietic social systems. The object of the thesis focuses on social movements in Brazil, especially those related to the conquest of land and housing in urban and rural areas, according to the specificities of the main guild representative of these movements: the Movement of Landless Rural Workers (MST), that gained prominence in scientific research to have been both social struggles of the main protagonist in the country in recent decades, and eventually became the recipient of repressive actions of the State, through a process of criminalization of the general movement of the pipes or its members, in a phenomenon known as expansion of the punitive criminal law. On the other hand, aims to demonstrate this thesis with regard to training an ode national criminal policy, under a democratic rule of law and regarding the applicability of criminal law, in relation to social movements like the MST, the current process of criminalization of social movements, by representatives of the legal community (especially the prosecutor of Rio Grande do Sul), as well as the systematic action of the media, with disclosure to the public from criminal conduct allegedly committed by members of these groups, just by shifting the focus of social struggle, exercised as a right to protest, constitutionally guaranteed through land occupations and renumbered these acts as mere raids, illegal-criminal character, as if to harm legally protected by criminal law such as the right of ownership.Through the concepts of rationality and transconstitucionalismo cross-search is in the end return to the dogmatic aspect of the rule of law, while normative system of law, after a critical exposition of the dynamics that took place between the structural couplings between the political system and legal system , mediated by the media to identify the crisis of rationality of criminal punishment based on the expansion, the successive irritation of the legal system and the media struggles with class interest that occurred within the political system, to propose a search rationality of the legal-criminal from the constitutional norm, seen as the result of couplings between the political system and legal system.