Criminal Law of Vulnerable: A Critical Analysis of the Recognition Search Trhough Criminal Law

• Main Authors: Daniela Carvalho Almeida Da Costa, Daniela Ramos Lima Barreto
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Criminologias e Politicas Criminais
• Subjects: Vulnerabilidade, Reconhecimento, Direito penal
• Online Access: http://www.indexlaw.org/index.php/revistacpc/article/view/34

This article starts from the assumption that the criminal law is not able to generate recognition. Its main objective is to analyze, within the general framework of contemporary penal expansion, the closeness between the criminal law and the notion of vulnerability as the gateway or the justification to the claim of a special criminal production for certain segments. This article will identify in this context , what will be called criminal law of the vulnerable, marked by a strong trend towards recrudescence, hypertrophy of the symbolic function and little concern for reflections on the rationality of its production and its repercussions teleological order. To this end, it will adopt a bibliographic research, highlighting the contributions of human rights, victimology and criminology. The article also emphasizes the role of "new managers of public morals" in this mobilization and reaps, of the Recognition Theory contributions, subsidies to question the claims of social movements for criminalization