Um estudo sobre a seletividade penal: o discurso real da manutenção e reprodução da desigualdade social.

Abstract

One of the structuring elements of a Democratic State of Law is, without a doubt, the Constitutional Principle of Equality. The penal law must, therefore, pay attention to this principle, protecting the interests of the community, being constructed and applied in an isonomic way. In this perspective, it is convenient to ask, as a research problem: Do the discourses of Criminal Law, observed in Brazilian law and jurisprudence, fulfill the principiological basis that sustains it? As a hypothesis, it is pointed out that the declared discourse affirms structuring and legitimizing principles of the penal system, such as minimal intervention, equality, legality, while the real discourse acts in the fulfillment of latent objectives of the dominant classes, which aim at the social control of the classes. disadvantaged and away from the centers of power. Thus, the present work has the general objective of understanding, with a background in the theory of the labeling approach, the mechanisms that act in the creation and authentication of the criminal objectives declared in the face of society, and that end up concealing the real objectives, that act in the maintenance and reproduction inequality, giving rise to selectivity. Regarding the methodology, 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. The research techniques adopted: the bibliographic and the indirect documentary, are looking at a sample of the country's criminal jurisprudence, where the elements that identify traces of arbitrariness and selectivity of the penal system are glimpsed in the content of the judgments, in qualitative analysis, especially within the scope of Laws 11.343 / 2006, 9.455 / 1997 and 13.260 / 2016, whose themes served as a parameter to select those judged. There are several technologies and, above all, the strong presence of the phenomenon of criminal symbolism, against the system of individual constitutional guarantees that expressly limit the State's power to punish.