Banca de DEFESA: Thiago Turbay Freiria

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Thiago Turbay Freiria
DATE: 23/03/2023
TIME: 09:00
LOCAL: SALA DE REUNIÃO DA PÓS GRADUAÇÃO - FACULDADE DE DIREITO - UnB
TITLE:

"The rationalist conception of evidence, legal epistemology and the pre-trial detention: the normative content of public order and evidentiary standards".

KEY WORDS:

The rationalist conception of evidence, legal epistemology and the pre-trial detention: the normative content of public order and evidentiary standards.

PAGES: 72
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Pre-trial detention represents one of the most powerful apparatuses of repressive and authoritarian power used in Brazil. Among the incontinent reasons of the institutional design and the inquisitorial mentality of the judiciary, this assertion is supported by the high degree of discretion that is given to the decree of arrest, especially preventive detention. Part of this problem is due to the imprecision of the authorizing requirements, notably public order. The vagueness and the emptying of the normative content of the locution serve all sorts of reasons. The possible solution is to establish a control system capable of instituting rational bases for the purpose of requiring the correct motivation of prison decisions. This system concerns the rationalist conception of evidence, which has the ability to establish epistemic filters and intersubjective control of the evidential activity, of the valuation of the facts considered in the process and the distribution of the risks of judicial errors, aiming to anchor networks of protection and guarantees to the parties. An essential tool for the installation of rational control devices, on the other hand, are the evidential standards. The conceptualization of evidentiary standards, their application and the formulation of specific evidentiary standards for the decree of preventive custody, especially when based on the violation of public order, is the object of this investigation. At the end, the study suggests viable solutions to the problem, from a practical point of view, which were supported by research structured on an extensive literature review.

BANKING MEMBERS:
Externo à Instituição - ADEMAR BORGES DE SOUSA FILHO - IDP
Presidente - 1172631 - BEATRIZ VARGAS RAMOS GONCALVES DE REZENDE
Interna - 1159552 - ELA WIECKO VOLKMER DE CASTILHO
Externo à Instituição - ROGÉRIO SCHIETTI MACHADO CRUZ - STJ