RACISMO INSTITUCIONAL: A BUSCA PESSOAL COMO INSTRUMENTO DE CONTROLE DE CORPOS NEGROS EM ESPAÇOS PÚBLICOS

Abstract

This work aims to study the institutional racism and the police abuses committed during the personal search procedure against the black youth. Daily racist practices, committed mainly by public security forces, point to the urgency of discussing the topic, as well as the need to develop effective public policies for the anti-racist struggle. This analysis is based on the documentary method, having been carried out through the study of bibliographical, artistic, legislative and jurisprudential sources related to racism and police violence. At first, there was a historical overview of studies on race and how it served as the basis for the construction of the racist system that operates today. Then, police violence and the myth of racial democracy were analyzed from the lyrics and visuals of the video “Formation”, by singer Beyoncé. Once this panorama was built, a multidisciplinary discussion was held, with elements from Law and History, about the personal search and its authorizing normative element, the well-founded suspicion, considering racism as a determining factor of life in society. For this purpose, data on police violence against young black people living in the suburb were also considered. It also presents some legal devices about racism. Finally, it was concluded that the personal search procedure, in forensic practice, is stripped of the legal referability required between police approaches and the procedural purpose of obtaining evidence, being guided by racist stereotypes that point to the racial profiling carried out by the Police, in order to control and suppress the presence of black bodies in public spaces.