ETHNOGRAPHY ON JUDICIAL DECISIONS TO UNCOVER ARREST DISCOURSES

• Autor(a) principal: Leôncio Chaves, Paulo Victor
• Data de Publicação: 2022
• Outros Autores: Sueli Rodrigues de Sousa, Maria
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/553
• topic: ethnography on documents;; judicial decision acts;; provisional detentions; etnografia de documentos;; decisões judiciais;; prisões preventivas.

This paper is the result of an empirical research that aimed to identify, through an ethnographic study on documents, applied on 914 provisional detention judicial acts pronounced during “custody hearings” that took place in Teresina from August/2017 to July/2018, the reasons to these detentions and the judges’ perception about criminalizing process and their role in the punishing wheel. The results showed us significant prevalence of the legal basis “para garantia da ordem pública” (82.38% - by itself; 13.89% - along with another legal basis; 96.28%, all together summed up); besides, the results showed us some detention acts were pronounced with no legal basis at all. We were taken to the conclusion that, apart from some really specific and countable cases, not only no detention act had a really cautious/provisional legal basis, in an intro-procedure perspective, but also they consisted in anticipated punishment, which suits well to what is yearned by some part of the population led by mass media, cutting through human rights and guarantees, though. It has become, someway, evident that judges cannot see criminalizing processes as the result of the repression state agencies selective actions; on top of that, however, they see themselves as some kind of safety agent on the punishing power’s command.