GODOY, M. A.; http://lattes.cnpq.br/4909852487248457; GODOY, Marina de Almeida
Resumo:
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.