Racionalidade penal moderna e o bem jurídico penal essencial: da necessária definição de limites para criminalização de condutas.

Abstract

In this dissertation, the centrality of the penal system as a multifunctional trench aimed at pacifying the social body is systematized to denote the need to increase a new penal rationality, which the normative structure is separated from the intense valorization of the deprivation of liberty as an obligation to inflict suffering to meet the possibility of its use restricted to circumstances well delimited by the constitutional dignity of the criminal law. In this way, using the inductive approach method, the contemporary punitive exercise was presented through the modern rationality and followed by the analysis of the hidden cipher to pave a counter-march to this state of affairs; without, however, losing sight of the reach of expectations projections that entangle the ideal and the real in terms of responses offered by the punitive system.