O impacto do populismo e do erro judiciário na condenação penal.

Abstract

The present research has, as its fundamental characteristic, to provide a brief analysis of how penal punitivism holds sway within Brazilian society and how this reflects on the government. It addresses judicial errors in the criminal sphere and how these errors can lead to wrongful convictions. Such errors can occur at various levels, but they are more pronounced and serious when they happen within the criminal justice system, resulting in consequences such as loss of freedom, psychological challenges, and a violation of dignity. The research explores the case of the Naves Brothers because when discussing judicial errors in Brazil, it is impossible not to mention the Araguari/MG brothers who were wrongly convicted in 1937. It delves into the intricacies of the case and how a wrongful conviction can be perilous. The impacts stemming from judicial errors in criminal convictions are more profound, which is why the state should pay closer attention. Finally, it demonstrates how penal populism is prevalent in the Brazilian reality and highlights the need for the judiciary to improve its ability to handle cases with prudence. These situations not only directly affect those wrongly convicted but also cast a shadow over the entire justice system. The research employed an exploratory methodology, which included conducting a literature review and analyzing legal precedents, as well as the records of the Naves Brothers' case. This approach allowed for the collection of pertinent information from literary sources and legal decisions to comprehensively and substantively explore the topic.