The expropriation of conflict in penal historiography

Authors

  • Andre Ribeiro Giamberardino Universidade Federal do Paraná / Universidade Positivo

DOI:

https://doi.org/10.18316/redes.v6i2.3483

Keywords:

Restorative Justice, Punishment, Penal Law History.

Abstract

The aim is to analyze the existence of a historiographic misunderstanding in the link between the level of suffering of the punishment with the idea of private revenge and the presence of the victim in the criminal process. It is common to associate a supposed humanization of punishment with the rejection of private revenge and
the expropriation of conflict by the modern state. The justification of the penalty would be predominantly utilitarian, demonizing retributivism as incompatible with the civilized nature of the act of punishment. However, the concept of crime as a violation of the sovereign and the inquisitorial procedural model are matrices linked to the confiscation of the conflict from the hands of the victim.

Author Biography

Andre Ribeiro Giamberardino, Universidade Federal do Paraná / Universidade Positivo

Doutor em Direito pela UFPR (2014), Mestre em Direito pela UFPR (2008) e Criminologia pela Universidade de Pádua, Itália (2009), Professor Adjunto na UFPR e na Universidade Positivo e defensor público no Estado do Paraná.

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Published

2018-08-28

Issue

Vol. 6 No. 2 (2018)

Section

Articles

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