Direito à compreensão jurídica e acesso à justiça penal
This dissertation addresses the right to legal understanding as a structuring element of access to justice from the perspective of criminal procedure. The observation that criminal jurisdiction is developed without concern for the effective understanding of the people involved about what happens...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54738 |
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| Resumo: | This dissertation addresses the right to legal understanding as a structuring element of access
to justice from the perspective of criminal procedure. The observation that criminal
jurisdiction is developed without concern for the effective understanding of the people
involved about what happens in the process, the content of the acts and the judicial decisions
themselves, associated with the few approaches to access to justice in the context of criminal
procedure, justify this work due to the connection between practice and theory. The aim is to
evaluate the impact on access to justice and on the quality of the responses of the criminallegal system of the deficit of information and legal understanding on the part of accused
persons and victims involved in a criminal lawsuit. As for the methodological procedures, the
research is based on the deductive method, with a qualitative approach and an exploratory
objective, using bibliographical and documental research, as well as jurisprudential analysis.
For this, the theoretical and normative evolution of access to justice will be outlined, seeking
to present general considerations about its content, also bringing references about its
interrelation with two themes: democracy and vulnerability. Next, a specific concept of access
to criminal justice is proposed, considering the dogmatics of criminal procedure. From this
conceptualization, the right to legal understanding is related as a fundamental part of the
access to criminal justice, the legal language is approached as an obstacle to the understanding
of the people involved in the process and instruments and good practices related to the theme
are identified, allowing the indication of minimum guidelines for the right to legal
understanding in the criminal process. We conclude that the right to legal understanding is
structured on formal levels (the transmission of information itself) and substantial levels
(guarantee that the information transmitted has been fully assimilated by its addressees) and
that the absence of qualified transmission of information reinforces the authoritarian bias of
the criminal process and the distancing of the justice system from the citizen, contributing to
distrust in the state response, which, if not effectively understood, renders the purposes of the
criminal sanction meaningless and contributes to repeated offenses and re-victimization. |
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