Vai adiantar do quê? Uma análise sobre manifestações ideológicas em audiências de custódia no Distrito Federal

Abstract

This monography’s object of analysis are the ideological positions observed in the environment of the custody hearings in the Federal District of Brazil. CNJ’s Resolution 213/2015 regulated these hearings in Brazil, and they consist in the immediate presentation of the person arrested in flagrante delicto to a judicial authority for verification of the arrest’s regularity and investigation into the occurrence of torture and any inhuman or degrading treatment. The analysis undertaken in this project was dedicated to understanding the ways in which the ideologies of the subjects involved in the audiences were expressed there; what was the relationship between these ideological expressions and legal positivism, identified as the dominant ideology in the field of law, and how racial, class and gender relations mediated and were mediated by these relations. This work’s methodology was developed from a qualitative field research with ethnographic inspiration, with an analysis of 36 (thirty-six) hearings that took place in the “Núcleo de Audiências de Custódia do Tribunal de Justiça do Distrito Federal e Territórios” (NAC-TJDFT). The work is divided into two chapters. In the first chapter, the concept of ideology and the characterization of the dominant ideology in the legal field are discussed. The second chapter goes deeper into how this ideological positioning is constituted by class, gender and race relations. The theoretical framework of the analysis is located in the field of Marxist traditions, with István Mészáros as the main reference for the discussion of ideology, but in addition to him Gyorgy Lukács and Karl Marx. For the analysis of the Brazilian reality, Florestan Fernandes’ contribution was central, but there was also a dialogue with other theorists who are not necessarily part of the Marxist tradition; and, for the study of constitutive reciprocities, I used the work of Anne McClintock and other gender and racial relations scholars who are not necessarily close to Marxism either. The conclusion is that ideologies play a determining role in custody hearings, and that class, gender and race relations are present in this environment not as mere social markers, but as a constitutive part of the violence used against subjects subjected to the criminal justice system.