Crime: belief and reality

by Juarez Tavares, Monik Ottermann (Translator)

Overview

The crime, not rarely, is presented as the epicenter of society. Correlated to the decline of the democratic and republican values and principles, we witness a sort of institutional immersion in the criminal matters: everything is criminalized, from politics to insignificant facts. The criminalization processes are also used to control the undesirable on the eyes of those that detain the political and economic power. The fear is manipulated, the feeling of insecurity increases and the criminal law is transformed in magical answers to social problems. In the last decades, the majority of the society has become hostage of the narratives about the crime. The result was the increase of repression, severe criminal legislations and punitive judges. Juarez Tavares, one of the most important Brazilian intellectuals, presents in this book a precise diagnosis of the criminal matter, revealing the damages caused by the official speeches. At the same time, he indicates an emancipatory perspective in the opposite direction of the criminal populism and of the blind faith on punishment. Through a transdisciplinary approach, Tavares reminds that crime is merely a juridical concept, an instrument at service of the power, and that nothing justifies the defense of foolishness under the pretense of combating crimes. Against the common sense and the odes to the punishment, Crime: belief and reality presents a necessary analysis of the requirements that nurture the taste for punishment and the naturalization of the criminalization processes. It is a bold invite to rethink the place of the crime in the contemporary world.

Product Details

ISBN-13:	9786599597657
Publisher:	Da Vinci Livros
Publication date:	06/09/2022
Sold by:	Bookwire
Format:	eBook
Pages:	200
File size:	1 MB

About the Author

Juarez Estevam Xavier Tavares is a lawyer. He graduated from the Federal University of Paraná, earned his L.L.M. from the Federal University of Rio de Janeiro and his J.D. from the Federal University of Rio de Janeiro and from the State University of Rio de Janeiro. He conducted his postdoctoral researches in the Frankfurt am Main University. Professor of Criminal Law of State University of Rio de Janeiro. Visiting Professor of the Frankfurt am Main University, the University of Buenos Aires and the University Pablo de Olavide (Seville). Honorary Professor of the San Martin University (Peru). Emeritus Professor of the Rio de Janeiro School of Judicature. He received the Cesare Baccaria medal from the Société Internationale de Defense Sociale. Retired Solicitor General of Brazil. Main works: Fundamentos da teoria do delito, Teoria do injusto penal, Teoria dos crimes omissivos, Teoria do crime culposo, Teorias do delito e Direito penal da negligência. Works in co-authorship: Verdade e prova (with Rubens Casara) e Lavagem de capitais (with Antonio Martins).

Table of Contents

SUMMARY 1.THE HUMAN BEING AND HIS OR HER ELEMENTS OF REFERENCE 2.THE FORMATION OF THE CONSCIOUSNESS OF ACTS 3.THE SUBSTANCE OF SOCIAL CONDUCT 4.WHY PROHIBIT? 5.WHAT TO PROHIBIT 6.HOW TO PROHIBIT 7.A BRIEF HISTORY OF PUNISHMENT 8.BELIEF IN PENALTY 9.HOW TO MEASURE PUNISHMENT 10.THE FORMAL CRIME CONCEPT 11.THE MATERIAL CRIME CONCEPT 12.CRIME AND PENALTY 13.CRIME AND POWER 14.THE LIMITS FOR CRIME CONCEPTS 15.PRINCIPLES AND RULES 16.THE ROLE OF THE LAW 17.FUNCIONAL PERSPECTIVES 18.THE REDUCTIVE CRITICAL POSITION 19.A SOCIETY WITHOUT PENALTY 20.A SOCIETY WITHOUT CRIME