Principios constitucionales de la Constitución Brasileña de 1988 como instrumentos racionalizadores del poder punitivo en el contexto de la globalización / Constitutional principles of the Brazilian Constitution of 1988 as rationalization instruments of punitive power in the context of globalization

Abstract

In part of the 20th century, especially from the crisis of 1929, the State and the Law were substantiated on a paradigm that demanded a greater action of that one and this one – the Law – was guarantee of balance in the social relations. However, from the phenomenon of the globalization and neoliberalism there has been a substantial modification regarding this paradigm. In this way, this essay, which is characterized as a qualitative research and that uses the bibliographic method, seeks to understand how the relationship between constitutional commandments of the Brazilian Constitution of 1988 and the criminal policy in this new reality occurs. On the other hand, to achieve such an understanding, we will try to identify how the formation of the neoliberal globalization and its consequences occurs, especially in the criminal sphere, has yet, to discuss about the formation of the Democratic State of Law from the Brazilian Constitution and how it needs to return to be a parameter of rationality.

Keywords

• neoliberal globalization
• criminal policy
• Brazilian Constitution
• rationality