Padronização do Direito em tempos de grande encarceramento: os influxos da nova ordem global

Abstract

This study aims to analyze some consequences of the new global order and the neoliberalism influence inBrazilian legal system.It will be demonstrated that the values suggested even though this suggestion is, in fact, an obligation by the World Bank, through his paranormative activity, are incorporated by the Brazilian legal system through changes in procedure law, which focus only in quantitative justice. These reforms, added to others factors, such as the growth in the number of cases led to the judiciary, the economy influence in law analysis, the equivocate, unreflective and mechanic comprehension and use of the previously set foundation of judicial decisions, the poor quality law education and the judges submission to the Courts, result in a standardized jurisdiction. Simultaneously, the encarcerated population has grown swiftly, phenomenon that can be related to neoliberalism values widespread and to the weakening of the welfare state.Considering this scenario, as a way to approximate theory and practice of the law and to allow the opening of penal law to exterior facts,it is proposed reductive functional penal law dogmatic, so that penal law can act like a dike that holds the police state that hibernate within every constitutional state. Moreover, it is proposed the use of this theory initiates in law courses, using, as much as possible, several didactics resources to make easier to understand these concepts and ideas.