CRIMINOLOGIA POSITIVA: A RELAÇÃO INTRÍNSECA DAS TEORIAS DE CESARE LOMBROSO COM O ENCARCERAMENTO DE PESSOAS PRETAS E PARDAS NO BRASIL

Abstract

The present excerpt aims to analyze and reflect on the impacts of the Positive Criminology School in the Brazilian prison system. For this, the anthropological theories developed by the Italian psychiatrist Cesare Lombroso (1835-1909), who, through his studies, sought to define the concept of criminal from a scientific point of view. In addition, it will be analyzed how this theory was received in Brazil, to the point of being disseminated in the academic, literary and cultural environments, in an attempt to maintain the racial and class hierarchy. In the meantime, this research will demonstrate how the Lombrosian theory influenced the elaboration of the Brazilian Penal Code, through the application of the subjective character for the increase and reduction of the penalty, reinforcing racial stereotypes that directly result in the imprisonment of black and brown people in Brazil. In this way, for this work to be possible, documentary and bibliographical research was carried out as research methodology, in search of an understanding of the ideas explored by Cesare Lombroso at the core of criminal anthropology and how these theories impacted on the discrimination of socially vulnerable groups and ethnic minorities. In addition, statistical methodology was also used to visualize Brazil's prison data based on race and ethnicity. Thus, this paper analyzed the Brazilian racial issue and how positive criminology used science to justify racial hierarchical maintenance in a way that directly affected the Brazilian Penal Law, resulting in the high rate of black incarcerated in the country.