Estate Society: Crime and Power Owners

• Main Authors: Patricia Manente Melhem, Rudy Heitor Rosas
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2016-12-01
• Series: Revista de Criminologias e Politicas Criminais
• Subjects: Estamento; Ideologia; Processo Legislativo
• Online Access: http://www.indexlaw.org/index.php/revistacpc/article/view/1472

Through literature review and qualitative analysis the work deals with the category "stand society" in Faoro, relating to the Ideology of Social Defense, treated in the marxist context presented by Baratta as the dominant discourse on crime in capitalism and has among its postulates the claim that the conduct is considered criminal because of social interest, and the law is the expression of the general will. It seeks to demonstrate that the law does not actually represent the interests of society but of the influential groups in the legislative process, here called: “stands”.