Penal rationality and criminological semantics in the Maria da Penha Law: the case of the procedure sursisAbstract
The growing complexity of the juridical matters demands heteroreferent arguments of the Law system, what supposes the observation of the communications of the scientific subsystems. Inspired by the epistemological approach of a described sociology of law “with Law”, this article intends to present and to describe new possibilities of cognitive openness of the Law System to the knowledge of the social sciences. This reflection is based on the empirical work of a research of the social representations of judges and prosecutors about the procedural sursis applied to the Maria da Penha Law, in the Federal District. Despite the precedents of the Superior Courts that prohibit the application of the institutes of the Law 9.099/1995, the measure continues to be applied by some judges. After getting to know the social representations of the actors involved, we discuss some possible irritations that it suggests to think the Law system and the concurrent criminology subsystems.
Keywords: Sociology of law; Penal rationality; Concurrent criminology subsystems; Procedural sursis; Maria da Penha law