A expansão penal na república de 1988 : a ilusão mítica e os efeitos da revelação

Abstract

This study aspires to analyze the criminal law s expansion occurred in Brazil between 1988, year of enactment of the actual Constitution, called as "Citizen Constitution" (cause the emphasis on Fundamental s Guarantees), and 2013, year when ends the research. The main objective was to establish standards that could get some explain, on the chaotic national s legislative activity. We use qualitative research, through analysis of documents, especially menus of the parliamentary debates, opinions, and news from newspapers from that time. The research resulted in identification of two possible patterns followed by the legislature, when adopting punitive laws. The first refers to criminal laws voted after the occurrence of a shocking crime. The second pattern is the emergence of criminal laws as result of the demand from some social groups. There was an attempt to seek explanation for both phenomena, through anthropology and Law s philosophy.