O exercício do Jus Punniendi estatal à luz da teoria do Labelling Approach nas penas privativas de liberdade.

Abstract

Criminology as a science deals with four objects of study, crime, criminal, social control and finally the victim. In this panorama between crime and criminal, the theory of the Labeling Approach emerges, which seeks to understand how the criminal phenomenon occurs in crimes committed by people with high financial power. Therefore, this theory states that criminality stems from a process of social stigmatization, which permeates the instances of social control, whether informal or formal. Bearing this in mind and the data referring to the prison population exposed by SISDEPEN, which show that the majority of the prison population is composed of people who commit crimes considered "common", with a low level of education and predominantly black, there is a need to to understand how the application of custodial sentences in Brazilian prison populations happens to light of the Labeling Approach theory. Therefore, the present work aimed to problematize the State's Jus Puniendi when applying the custodial sentence in the light of the Labeling Approach theory. Therefore, the methodological course of the research used the qualitative approach, as well as the descriptive and bibliographical research. The conclusion of the research points out that social control and the penal system are discriminatory and selective and that the victims of this process are people who are stigmatized and negatively labeled. Brazilian prison.