Garantismo penal monocular no Brasil sob o viés hobbesiano: uma afronta à harmonia e ao contrato social proveniente da iminente “guerra de todos contra todos”

Abstract

This study aims to bring to the fore the discussion about the fragmentation of Luigi Ferrajoli's theory of guarantor, the so-called hyperbolic monocular criminal guaranty. Such ideology is mostly adopted in academies, jurisprudence and doctrines, however, as demonstrated in this study, constitutes a clear affront to the idea of ​​society for contractualist Hobbes. An approach will be taken on the concept of integral garantism - which contemplates the integrality of Ferrajoli's thoughts - as well as an analysis of the Brazilian reality and the consequences of the constant application of the fragmented thought of the author. Later, we will discuss understandings adopted by our supreme court on the subject, and finally, an analysis of the said ideology will be made through the thought of Hobbes and his concepts of society, state and social contract