The Marginal Realism in legal-criminal discourse as a universalistic theory from South

Abstract

This article intends to relate the thoughts of two professors regarding the power relations that exist between the countries of the global North and South and the differences between these countries, bringing the possibility of creating theories originating from peripheral countries, since they have structural characteristics that demonstrate the inequality and brutality arising from its historical formation. Therefore, we analyze the thoughts of professor David Francisco Lopes Gomes regarding the possibility of creating universal theories from the South and, in parallel, the thoughts of Eugenio Raul Zaffaroni on Latin American penal systems and, from its own characteristics, regulate the importance of creating the theory of Marginal Realism, proposed by the penalist, as a way of responding to the barbarities witnessed in these countries.