Criminal Guarantee from the victim’s perspective

Abstract

This work aims to analyze criminal guarantees from the victim's perspective. To this end, a study will be carried out on the classic criminal guarantee taught by Luigi Ferrajoli, addressing its ten main axioms. Furthermore, it will be presented which rights, from Ferrajoli's guarantor perspective, victims have, as well as whether they are being properly applied, from a practical point of view, in the Brazilian criminal process. Finally, a conceptual comparison will be made between Criminal Guarantee and Minimum Criminal Law, both expressions coined by Ferrajoli, in order to verify whether there is any type of distortion in the application of these institutes with regard to victims' rights.