Processo penal e catástrofe: entre as ilusões da razão punitiva e as imagens utópicas abolicionistas

Abstract

Despite the reaffirmation of the human dignity and the realization of fundamental rights and guarantees, sources of emancipation elaborated in modern times, the criminal procedure, conditioned by the ideology of progress underlying capitalist civilization, tends to counteract its promises, acting as a (re)producing instrument of a reality that, from the point of view of the defeat in history, can be configured as catastrophic. In view of the functions elaborated by the philosophical and juridical discourse of modernity and attributed to the criminal process, it is intended to show, from the articulation between the Frankfurtian Critical Theory and the abolitionist perspective, to what extent they have actually reached some degree of realization. With this, it is also desired to verify the possibility of effectiveness of the constitutionally delineated accusatory system through an analysis of the foundations of the criminal process. In spite of the hegemonic account in the juridical-procedural scope, the research assumes the hypothesis that the inquiry model, as epistemology of the truth, constitutes the main imaginary source of the procedural systems of modernity, appearing as an obstacle to the adversarial system, in the theoretical level as well as in practical experience. Thus, due to this logical and epistemological impossibility, the challenge of identifying the conditions for overcoming the violence and reification underlying the castration of the word by the criminal justice system arises, as well as the possibility of consolidating strategies capable of democratizing conflict management through tolerance and dialogue. Without neglecting the limits and theoretical weaknesses of abolitionism (or of various abolitionisms), the dialectical integration of this movement with the romantic critique of modernity is sought to develop a kind of “romantic-revolutionary abolitionism”, an “utopian image” in Benjaminians terms, capable of leading not only to the abolition of the penal system, but to social transformation from the historical discontinuity that erupts with the discourse of progress underlying the penal system.