Unveiling the ideas of "Three strikes an you're out" from critial criminology

Abstract

The article is about the so-called "three strikes and you are out" theory, an expression linked to American baseball - a popular sport in the United States of America - which aims to punish the player who commits the third foul within the same game. In the view of U.S. criminal law, if the offender commits the third serious crime, he is sentenced to life imprisonment, without any benefit. In view of this scenario, the objective is to analyze this theory in light of the Fundamental Rights consolidated in the 1988 Constitution, taking into account the so-called heinous crimes (Law No. 8072/90), considering the context of Brazil's criminal legal system and critical criminology. The problem of research links notions of criminal law, fundamental rights and criminology, especially criminology compared from there because one of the leading methods of research is dialectics. Furthermore, knowing that quantitative data will be collected from the Court of Justice of the State of Rio Grande do Sul, the research will also have as its conducting method the empirical one. The monographic one is adopted as the method of procedure, since the research is destined to a study directed at a delimited and specific theme. The research technique to be adopted is the bibliographic one (national and foreign). The conclusions were in the sense of the need to reflect on the use of criminal law as a way to solve social problems; that is, one cannot conceive of the importation of criminological theories to meet the desires of a population that is suffering from the unbridled increase in criminality, without the federal agency having to worry about such demand.