A teoria do garantismo penal no ordenamento jurídico brasileiro.

Abstract

The Criminal Garantismo has been studied by philosophers, jurists and intellectuals in the area of Criminal Law, with the intention of analyzing and contributing ideas to guarantee the democratic right of individuals to justice and human civility. The objective of this work is to analyze the state punitive power and the freedom of the citizen within the democratic foundations, starting from the theory of the Jusphilosopher Luigi Ferrajoli in his book "Law and Reason". A way to limit state punitive power by reducing it to the minimum necessary. In order to protect the freedom of the citizen, founded on Enlightenment thinking. The law in the normative system is embodied, so the legislator and the operators of law should use the principles as rules, overlapping the law. The dilemma between an accusatory and inquisitorial system arises, and the low constitutionality understood as the absence of a democratic culture of law. He used the deductive method, the critical descriptive procedures, and the indirect documentation technique, through bibliographic research, to contribute to science, and to safeguard the rights of citizens. The theme has proved to be relevant, because it broadens the knowledge of the circumstances that involve the punitive power of the state and the freedom of the individual. Finally, it made possible a reflection on the effectiveness / inefficacy of the guarantees of the individual in Criminal Law.