The neorrealist truth as a limit to the expansion of consensus spaces in the brasilian legal-criminal field

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Authors

  • Gabriel Andrade de Santana Instituto Brasiliense de Direito Público, IDP, Brasília/DF, Brasil

Keywords:

Negotiation Justice, Truth, New realism

Abstract

The expansion of spaces of consensus in the Brazilian legal and penal field imposes a philosophical analysis of the notion of truth. In the current postmodern atmosphere, where true knowledge is the product of social constructions, the resolution of the criminal demand has come to be understood and satisfied based on the behavior of the parties, despite the judgment and the production of evidence. In this abbreviated negotiation judgment, there will never be sure evidence that the standard of conduct has actually been violated. Thus, considering the truth as one of the values ​​to be pursued by the State in the criminal process, attention is drawn to the resumption of the correspondist view, supported by the philosophical of the new realism, as a way of limiting the advances of the Business Justice. 

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Author Biography

Gabriel Andrade de Santana, Instituto Brasiliense de Direito Público, IDP, Brasília/DF, Brasil

Mestre em Direito Constitucional pelo Instituto Brasiliense de Direito Público-IDP. Pós-Graduado em Ciências Criminais pelo Juspodivm. Graduado pela UFBA. Advogado. 

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Published

2024-07-22

How to Cite

Andrade de Santana, G. (2024). The neorrealist truth as a limit to the expansion of consensus spaces in the brasilian legal-criminal field . Boletim IBCCRIM, 30(353), 19–20. Retrieved from https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/1458

Issue

Vol. 30 No. 353 (2022): Boletim IBCCRIM - Abril

Section

Doutrina

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