Artigo



Dados vol. 33 n. 3 Rio de Janeiro 1990

Constituição, Direitos Humanos e Processo Penal Inquisitorial: Quem Cala, Consente?

Lima, Roberto Kant de

Resumo

The article discusses partial results from bibliographic research and field work (including participant observation techniques) carried out since 1982 on the police and criminal justice systems of Rio de Janeiro and Niterói, in Brazil, and of Birmingham, AL, and San Francisco, CA. The main goal is to show that when submitted to contrastive analysis, in the comparative tradition of contemporary social anthropology, the legal framework supporting Brazil's republican institutions reveals strong ties to an Iberian procedural/ cultural tradition, rooted in hierarchical and holistic representations of society and expressed through inquisitorial procedures of conflict resolution. These principles obviously cannot, and should not, be dealt with as the '1eftovers" of an outmoded tradition incompatible with the ideals of the modem republic but rather as a living, efficient, and modem style of social control, one which was implanted in Latin America by the colonial system and which is explicitly and implicitly reproduced in Brazil through judicial and police practices and, further, is most certainly present in the Brazilian style of government and political practice.

Texto completo

Constituição, Direitos Humanos e Processo Penal Inquisitorial: Quem Cala, Consente?