OS SISTEMAS JURÍDICO-PENAIS DOS PAÍSES MEMBROS DO MERCOSUL E SEUS DISCURSOS

Abstract

Criminal law systems are part of the legal context of each State, with variations in their structures, but maintaining
the original intention. In Brazil, the system adopted is accusatory, characterized by a mixed legal nature, which
incorporates elements of accusatory and inquisitorial systems and is aligned with democratic principles, by
reflecting the existence of a commitment, at least theoretical, to guarantee the existence of a Democratic State of
Law. Based on this, this study seeks to identify and relate the discourses associated with each of the criminal law
systems of the Mercosur member countries, at the time of writing (Argentina, Brazil, Paraguay and Uruguay),
focusing on the following question: to what extent does the democratic nature of a country correlate with the
tendency of its criminal law system to adopt guarantor discourses, considering factors such as the political/state
model adopted, the predominant type of criminal law system and possible procedural and criminal reforms? The
hypothesis is that the more democratic and based on the rule of law a country is, the greater the compliance of its
criminal justice system with these principles. The methodology used is comparative and descriptive, based on
bibliographic and documentary sources, with a qualitative focus. Data analysis will be performed through critical
discourse analysis, by investigating and interpreting the explicit information, subtexts and ideological
constructions present in the discourses of each system analyzed. Finally, the research is justified by the researchers'
interest in deepening and systematizing knowledge on the subject, as well as by its inherent timeless relevance.