CRÍTICA À RAZÃO PUNITIVA: A TEORIA AGNÓSTICA DA PENA ENQUANTO FUNDAMENTO DE UM SISTEMA PENAL COMPATÍVEL COM UM ESTADO DEMOCRÁTICO DE DIREITO

Abstract

The present study aims to provide the academic environment with a critical analysis of contemporary punitive rationality. For this, a bibliographical research was carried out on the main dogmatic constructions involving the justificatory theories of the pen from its main theorists. We then proceeded to analyze the discourses involving these positive theories, seeking to dissect them, exposing the main features and inventions that marked the evolution of the penal system. In view of the chaotic context of hypertrophy of punitive power in Brazilian reality, the hypothesis was raised for the containment of the State of Police within, the adoption of a model of penal system that has at its epicenter an agnostic theory of pen, aiming at the containment and graduation abolition of the punitive power, being an urgent measure for the reduction of damages caused by the lethality of the criminal system and prevailing Democratic State of Law, as well as the possibility of dogmatic constructions that are oriented from a negative perspective of the potestas puniendi (power to punish).