Razão penal e garantismo no processo decisório da modernidade criminal

Abstract

This paper has as its theme criminal reasoning and guarantees in the decision-making process from the perspective of modern era ideas. This study’s objective is to discuss criminal law, criminal reasoning the punitive claim of the State, and the constitutional context of criminal law. To this end, this paper utilizes bibliographic research of an exploratory nature, with books, articles, and legislations. Finally, this research concludes that Brazil fits into a model of social rule, which is based on the minimum intervention of the Public Power in individual freedoms, specifically based on the principle of legality and other guarantees protected by the Brazilian Federal Constitution of 1988.