Abstract

RAMIDOFF, Mário Luiz  and  FRASCATI JUNIOR, Nicola. CHALLENGES OF CRIMINAL LAW IN THE 21ST CENTURY: POSITIVE RIGHT AND CULTURAL DIVERSITY THE STANDARD, THE VALUE AND THE FACT AS ETHICAL-SOCIAL-LEGAL DIMENSIONS-POLICIES OF THE HUMAN BEING. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.335-354.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.18.

The present text has the objective of explaining the current existential phase in which legal knowledge (Law) is found; if not, that, especially the Criminal Law, which can not misrepresent between concepts and values that can put in check any of the human conditions of the person, as the first element of its genesis. For this reason, it is proposed here as a possible hypothesis the construction of arguments that can elicit the practical agreement between the right put and the cultural diversity. That is, the theoretical-pragmatic challenge is that of the conformation of the legal norm, value and fact, which, per se, can be understood as an ethical, social, legal and political dimension of the human being. The research is bibliographical and is used, in the questioning of practices, of legal concepts and the relation of Law to social reality, of reflexive and critical thinking as epistemological tools. Even because the methodology used is characteristically variable, since the present study contemplates the important multidisciplinary contributions offered by the other areas of knowledge that are relevant to a better understanding of both the phenomenon of delivery and the state intervention that serves as the answer.

Keywords : Criminology critical; Dignity of human person; Criminal law; Criminal guaranty; Social reality..

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )