Criminologia – Escola Clássica – 100 Dicas PC-SP (Dica 06)

Summary

This video explores the Classical School of Criminology, emphasizing its historical context and key principles. Originating during a time of absolutism, it focused on limiting state power and protecting individual freedoms. Central ideas include the belief in free will, proportional punishment, and legal clarity. Cesare Beccaria, a primary figure in this school, challenged arbitrary state punishment, advocating for fair and predictable laws. The Classical School influenced modern legal systems, setting the foundation for principles of justice, including legality, proportionality, and human rights. The video also contrasts classical criminology with the later Positivist School, highlighting their differing approaches to crime and punishment.

Takeaways

• 😀 The Classical School of Criminology emerged during the period of absolutism, aiming to limit the power of the state over individuals.
• 😀 It emphasizes that crime is the result of the individual's free will, with offenders choosing to commit crimes.
• 😀 The punishment should be proportionate to the crime and based on the principle of deterrence.
• 😀 Classical criminology values the rule of law, ensuring that punishments are applied according to the law, not arbitrarily.
• 😀 The theory stresses that punishments should be legal, proportional, and applied based on the crime, as prescribed by law.
• 😀 Cesare Beccaria is considered the main exponent of the Classical School, known for his book *On Crimes and Punishments* (1764).
• 😀 Beccaria's work critiqued the use of torture and promoted fair, predictable legal systems.
• 😀 The school proposes that punishment should aim to restore social order, not solely to punish the criminal.
• 😀 Despite the Classical School's foundational role in criminology, it was eventually critiqued by the Positivist School, which focuses on empirical, scientific approaches.
• 😀 Key characteristics of Classical Criminology include free will, the retributive nature of punishment, and the protection of individual rights from the state's excessive power.

Q & A

What is the classical school of criminology, and how did it emerge?

The classical school of criminology emerged during the 18th century, primarily as a reaction to the absolute power of monarchies and the harsh punishment systems of the time. It was heavily influenced by Enlightenment ideas, emphasizing rationality, individual rights, and fairness in the legal system. Its primary focus was on punishing crime based on free will and moral responsibility.

Who is considered the most important figure of the classical school of criminology?

Cesare Beccaria is the most prominent figure of the classical school. His major work, 'On Crimes and Punishments' (1764), argued for proportional punishment, the abolishment of torture, and the importance of legal clarity in the criminal justice system.

What is the concept of 'free will' in the context of the classical school of criminology?

In the classical school, 'free will' refers to the belief that individuals make conscious, rational decisions when committing crimes. This school posits that criminals choose to break the law, and punishment should be based on the individual's moral responsibility for their actions.

What role does 'punishment as retribution' play in the classical school?

Punishment in the classical school is seen as a form of retribution, meaning that it is a necessary response to the crime, aiming to restore societal order and balance. The punishment is intended to be proportional to the crime committed, focusing on fairness and justice rather than revenge or excessive punishment.

How does the classical school view the concept of deterrence?

The classical school emphasizes deterrence as a key goal of punishment. The idea is that clear, consistent punishments for crimes will deter others from committing similar offenses, thus promoting general social order and preventing crime.

What were the main criticisms of the previous criminal justice system that led to the rise of the classical school?

The classical school arose in opposition to the arbitrary and often brutal punishments of the absolutist regimes, which lacked consistency, fairness, and proportionality. It sought to prevent excessive punishment and to ensure that penalties were applied based on clear, pre-established laws.

What is the principle of 'legal certainty' in the classical school?

The principle of 'legal certainty' states that the law should be clear and consistent, with punishments that are predefined and proportional to the crime. This principle ensures that individuals know the consequences of their actions and that punishments are not applied arbitrarily or excessively.

How does the classical school address the role of the state in criminal law?

The classical school advocates for limiting the power of the state in the realm of criminal law. It asserts that the state should not have unchecked authority to impose harsh or disproportionate punishments. Instead, punishment should be regulated by law and applied in a fair and just manner.

Why is Cesare Beccaria's work still influential in modern criminal justice systems?

Beccaria's ideas on proportional punishment, the abolishment of torture, the importance of legal clarity, and the protection of individual rights have had a lasting impact on criminal law. His work continues to influence modern legal systems, particularly in areas like the protection of human rights and the principle of legality in criminal law.

What is the relationship between the classical school of criminology and the Enlightenment?

The classical school of criminology was deeply influenced by Enlightenment ideals, which emphasized reason, individual rights, and the rule of law. The Enlightenment's focus on rationality and human rights shaped the classical school's belief in fair, predictable punishment and the need to curb the excesses of arbitrary state power.