OS SISTEMAS JURÍDICO-PENAIS DOS PAÍSES MEMBROS DO MERCOSUL E SEUS DISCURSOS

Criminal law systems are part of the legal context of each State, with variations in their structures, but maintainingthe original intention. In Brazil, the system adopted is accusatory, characterized by a mixed legal nature, whichincorporates elements of accusatory and inquisitorial systems and is aligned with democratic principles, byreflecting the existence of a commitment, at least theoretical, to guarantee the existence of a Democratic State ofLaw. Based on this, this study seeks to identify and relate the discourses associated with each of the criminal lawsystems of the Mercosur member countries, at the time of writing (Argentina, Brazil, Paraguay and Uruguay),focusing on the following question: to what extent does the democratic nature of a country correlate with thetendency of its criminal law system to adopt guarantor discourses, considering factors such as the political/statemodel adopted, the predominant type of criminal law system and possible procedural and criminal reforms? Thehypothesis is that the more democratic and based on the rule of law a country is, the greater the compliance of itscriminal justice system with these principles. The methodology used is comparative and descriptive, based onbibliographic and documentary sources, with a qualitative focus. Data analysis will be performed through criticaldiscourse analysis, by investigating and interpreting the explicit information, subtexts and ideologicalconstructions present in the discourses of each system analyzed. Finally, the research is justified by the researchers'interest in deepening and systematizing knowledge on the subject, as well as by its inherent timeless relevance.