O DIREITO DE PUNIR RODEADO POR VÍTIMAS. SOBRE SISTEMA DE DIREITO CRIMINAL, VÍTIMAS E SUAS INTERAÇÕES NUMA SOCIEDADE DEMOCRÁTICA

Abstract

This article is a theoretical work on the relationship between victims and the criminal justice system. Drawing heavily on Niklas Luhmann social systems theory, this paper aims to build a theoretical categorization that could encompass the different manifestations of the victim category that appear in the criminal justice system. Moreover, our goal is to theorize on the difficulties of the rapports in a social system that is operationally closed (on a systemic sense) which has repercussions within its internal communications. Behind this theoretical construction, there is a preoccupation about how to punish within a democracy where victims demand to be heard and have their complaints fulfilled.