Mundo da vida e sistema jurídico-penal: a construção do Direito na Vila de Betânia

Abstract

Carry out the application of the law, analyzing the social identification in Vila de Betânia in Santo Antônio do Içá-AM with the legal-penal system and the evaluative assumptions of the Democratic State of Law such as democracy and social pluralism, with respect to cultural rights and distancing from colonial impositions? The reflexive understanding of the law and the recognition of the communicative action of ideas, interests and institutions bring the “lifeworld” closer to the application and functioning of the criminal-legal system in Vila de Betânia, expanding the democratic and plural character of Brazilian society. Propose new forms of relationship and integration between the Ticuna community of Vila de Betânia and the criminal justice system, with a view to communicating ideas, interests and institutions of the “lifeworld” and their interaction with the criminal justice system. The methodology used was based on the ethnography carried out in the community, together with the analysis of documents and judicial processes related to the criminal legal system. The result of the approach demonstrated the fragility of the central role of the application of the penalty, as well as the lack of mirroring of the generality of the law in the process of formation of the interests and practices of specific communities. Finally, it is concluded, from a critical criminological view, that cosmopolitanism has capabilities that allow the application of law in a context of diversity of identities. It is possible to amplify different normative voices, while bringing together universal forces such as respect for human rights.