Full text
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| Author(s): |
Ana Carolina Carlos de Oliveira
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2012-12-04 |
| Examining board members: |
Pierpaolo Cruz Bottini;
Helena Regina Lobo da Costa;
Heloisa Estellita
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| Advisor: | Pierpaolo Cruz Bottini |
| Abstract | |
This research has as its hypothesis the fact that the manifestations of sanctioning administrative law in Brazil are begetting the real implementation of the law of interventions. The relevance of this question is our aim to frame the law of interventions as a concrete alternative against the process of expansion of criminal law going on nowadays. To do that, the proposal of Hassemer is taken in its various dimensions. I considered an intermediary zone between criminal law and sanctioning administrative law as the space of this hypothetical implementation of the law of interventions. This intermediary zone is characterized by the expansionist movement of criminal law marked by the flexibilization of accountability rules, growing number of new laws and offenders liable for punishment, incorporating a preventive logic that belongs to the sanctioning administrative law and by the harshening of the process of administrative sanctions. This intersection between areas causes the double repression and sanctioning of the same action. Two laws and one case study are brought to fore to be used as examples of this movement, and the real implementation of the law of interventions. (AU) | |
| FAPESP's process: | 10/03106-6 - Law of interventions and sanctioning administrative law: the thought of Winfried Hassemer in Brazilian criminal law. |
| Grantee: | Ana Carolina Carlos de Oliveira |
| Support Opportunities: | Scholarships in Brazil - Master |