摘要：In this article, the authors’ proposal is to analyze the logic of the criminal justice operation and the possibilities for its change. For such analysis, studies of Max Weber on modern organizations and their bureaucratic and rational character are used, as well as the criticism leveled by the sociology of organizations theorists and Weber’s perception of modern law as a bureaucratic rational-legal organization. Specifically regarding criminal justice, some results of a research conducted in the 1990s by Luis Flávio Sapori about the Brazilian criminal justice operation are used, together with some penal abolitionists’ considerations on the bureaucratic logic of criminal justice. Such analyzes, while read with the diagnosis of criminal justice’s permanent crisis, mainly based on Michel Foucault’s studies, results in a proposal for breaking down the bureaucratic and retribucionist logic of criminal justice system, through the use of restorative justice.
其他摘要：In this article, the authors’ proposal is to analyze the logic of the criminal justice operation and the possibilities for its change. For such analysis, studies of Max Weber on modern organizations and their bureaucratic and rational character are used, as well as the criticism leveled by the sociology of organizations theorists and Weber’s perception of modern law as a bureaucratic rational-legal organization. Specifically regarding criminal justice, some results of a research conducted in the 1990s by Luis Flávio Sapori about the Brazilian criminal justice operation are used, together with some penal abolitionists’ considerations on the bureaucratic logic of criminal justice. Such analyzes, while read with the diagnosis of criminal justice’s permanent crisis, mainly based on Michel Foucault’s studies, results in a proposal for breaking down the bureaucratic and retribucionist logic of criminal justice system, through the use of restorative justice.
