Violência institucional : Racismo e homotransfobia no sistema criminal brasileiro.

Abstract

Based on a hegemonic logic that commands all existing institutions and power relations, it is currently understood that in Brazil, the myth of racial and gender democracy is in force. This myth is endorsed by liberal and neoliberal political discourses that deny the existence of racism and prejudice based on gender identities and sexual orientation. And that are justified in the utopian idea that "everyone is equal before the law, without distinction of any kind" as expressed in Article 5 of the 1988 Federal Constitution, in force in this country. Thus, in a context of wide discussion about the mass incarceration of the black population and the inadequate treatment of LGBTQIA+ people who serve prison sentences in Brazil, this monographic work aims to analyze whether the Brazilian criminal system protagonizes segregationist violence to people crossed by social markers of race, gender, gender identity, sexual orientation and class. This is a bibliographical, documental, and jurisprudential research, of the theme that includes Race, Gender, Feminism, Human Rights, Constitutional Rights, and Criminal System. Finally, from all the discussion offered and the analysis of the data made available by INFOPEN (2019; 2021) and by PASSOS (2020), it is learned that racism and homotransphobia have a direct role in differentiated treatments to people who do not follow a social logic: white, cisgender, heterosexual, and of high social class. These treatments directly hurt the human and constitutional rights protected by the Brazilian jurisdiction, due to its omissive and violent character to these prisoners.