Justiça de olhos abertos: os reflexos da desigualdade racial no sistema penal.

Abstract

Among the various forms of incidence of law in daily life, the application of criminal punishment carried out by the State, generating more evident and stigmatizing impacts, since, among other less drastic forms of punishment, it allows the deprivation of liberty as a sanction. Thus, it is known that Criminal Law must be applied with great caution and all respect for fundamental guarantees. It happens that Law and society are directly related, and, consequently, the existing inequalities between individuals, at the collective level, affect the drafting, application and proper enforcement of laws. Thus, the present work intends, as a general objective, to analyze the socio-legal factors that corroborate so that, statistically, the prison population is mostly composed of black individuals. The specific objectives are presented as follows: to identify the historical elements that support the relations established between people of African descent, society and the State, as well as the evolution of Criminology in Brazil; observe data related to inequality between whites and blacks, portrayed by social indicators, in addition to how such differences are related to the activities of state agents; and to identify in the Brazilian criminal context the hidden number of criminality, its specificities, as well as the discrepancy between the structuring postulates of Criminal Law and how this is revealed in practice; the guidelines that guide the current Brazilian Criminal Policy, with regard to the issue of selectivity and the functionality of the penal and prison system. In this construction, it intend to answer the problem: What aspects imply the supposed selectivity of the Brazilian penal system in the face of black and brown defendants ?. Therefore, the deductive method is used, starting from a broader analysis of the research problem until investigating the premises that support the objective of this work, in a more specific study context. As research techniques will be used the bibliographic and the indirect documentary, this looking at statistical indicators about the thematic issue studied. The information gathered by the work in question indicates that racial discrimination, resulting from historically maintained structures, persists in all areas of criminal activity, with criminal selectivity being evident, especially with regard to the discrepancy in the performance of crimes perpetrated by resourceless offenders. , often in the face of racial discrimination still strongly present in Brazilian society today, of African descent, and in those committed by criminals with resources and privileges, in general, whites.