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https://doi.org/10.31977/grirfi.v20i1.1359
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As ruas, a opinião pública e o processo penal: uma análise a partir do caso Calas
The streets, public opinion and the criminal proceedings: an analysis from case Calas
[journal article]
Abstract Jean Calas, formally charged with the crime of parricide, was tried and convicted without evidence. The absence of the materiality of the alleged criminal act was suppressed by the conviction of the magistrates, allied to the popular outcry of the masses occupying the streets, claiming for justice. ... view more
Jean Calas, formally charged with the crime of parricide, was tried and convicted without evidence. The absence of the materiality of the alleged criminal act was suppressed by the conviction of the magistrates, allied to the popular outcry of the masses occupying the streets, claiming for justice. From the analysis of this historical judgment, located in the French courts of the eighteenth century, the article intends to draw attention to the risks arising from the influence of public opinion on the course of criminal proceedings. Using bibliographic sources, it will be shown that intolerance was the guiding thread that guided the procedural rite, leading to the condemnation of an innocent man. In times of judicial activism we can learn from history, but it is not certain that we will.... view less
Classification
Philosophy, Ethics, Religion
Free Keywords
Public Opinion; Criminal proceedings; Jean Calas; Intolerance
Document language
Portuguese
Publication Year
2020
Page/Pages
p. 289-302
Journal
Griot: Revista de Filosofia, 20 (2020) 1
ISSN
2178-1036
Status
Published Version; peer reviewed