Not Everything Is as It Seems: The Semantic Dispute over Torture in the Criminal Justice System

Abstract

This paper analyses how law no9455/97 has been applied by the criminal justice system. From the selection of research and work that took place between 2008 and 2018, we highlight the main analytical contributions and formulations made from these works, the considerations regarding the treatment given to the determination and processing of torture crimes by the criminal justice system. The authors argue that the legal actors have based the determination of the crime on factors unrelated to the criminal dynamics, significantly affecting the understanding of what torture is as well as actions to confront it.

Keywords

• tortura, sistema de justiça criminal, violência, lei no 9455/97, atores jurídicos