"Garantismo penal integral" and its deviation from Luigi Ferrajoli's legal garantism theory

Abstract

Since its introduction in Brazil, Luigi Ferrajoli’s Legal Garantism Theory has had broad repercussions in both the criminal justice system and the university. Recently, a newer school of thought called “garantismo penal integral” has become increasingly accepted in both venues through outspoken critic of the alleged prevailing school of thought in Brazil’s criminal legal studies: “hyperbolic monocular” garantism. This new movement has also attracted attention as an allegedly more alinned reinterpretation of the Italian professor’s original work since it claims to proportionally balance fundamental rights ”“ both individual and collective ”“ with the states obligations in the fields of criminal and criminal procedural law. In that regard, this essay seeks to confront “garantismo penal integral” against Luigi Ferrajoli’s theory with the purpose of analyzing the compatibilities between both theoretical frameworks. However, the current findings were that several and unbridgeable incoherencies remain in the premises adopted by the proponents of “garantismo penal integral”, which in turn place them further apart from the original work of professor Luigi Ferrajoli.