Uma análise foucaultiana do racismo punitivo no Brasil: a construção simbólica de um direito penal do inimigo

• Autor(a) principal: Paulino, Andrea de SOuza Silva
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/tede/9540
• topic: Racismo Punitivo; Direito Penal do Inimigo; Biopoder; Segregação Social; Punitive Racism; Eneny Criminal Law; Biopower; Social Segregation; CIENCIAS HUMANAS

The object of this study is to stablish an analysis of punitive racism in Brazil correlating it with a symbolic construction of the criminal law of the enemy generated from the studies concerning power relations by Michel Foucault. The aim of this study is to carry out an analysis of Brazil‟s punitive system, indicating that there is a selectivity of criminal punishment, especially directed against those considered dangerous by society, converting this individual into a public enemy and revealing a symbolic construction of a criminal opponent in the Brazilian context. Faucauldian‟s theories of power and racism of rights were analysed based on research from other authors who support the theory of the existence of a racist punitive structure in Brazil, besides the opposition of those who deny this possibility. Biopolitics and its new means of power are criticised, which generate racism of rights that are performed in forms of criminal polices through the discourse of social defense. The study identified that the country cultivates a cultural construction of delinquency and there is a disrespect to Human Rights in the face of the selective applicability of punishment. Other than association of social condition and the colour of the skin that encourages inequalities in the application of criminal law, there is a greater attention to social distinction of those who have already committed a crime as a way of preventing future crimes. It is concluded that Brazilian society imposes identities, marginalizing those designated as negative and that could put in risk its organization, basing punitive racism and authorizing it as a simplifying or “segregating” instrument of rights and social relations existing in a contemporary society.