O teleologismo do sistema penal brasileiro e o laxismo da elite: punir os pobres?

Abstract

The object of investigative analysis, within this research, focuses on the reality of the Brazilian penal system, from its teleological point of view, inquiring the link between punishment and social structure, to verify if there is a praxis of benevolence conferred to criminals from economically privileged social classes, translated as laxism of the elite, in order to direct the punishment under the molds of the influence of the social stratum of the offender. In this bias, there would thus be a selectivity of the Brazilian penal system, benefiting white-collar criminals, called the crime elite, focusing punishment for the poor and marginalized, which would imply in a reading of criminal law as an instrument for maintaining the status quo of the ruling elite. This hypothesis intends to be solved in the light of the theoretical contributions contextualization with the official statistical records of public agencies, in the mapping of the prison system. The research has a descriptive bias, with a bibliographical method of hypothetical-deductive approach, using historical and statistical procedures.