Análise acerca do racismo a partir da seletividade do sistema penal à luz da teoria de labelling approach

Abstract

Brazil carries with it a historical legacy in which black individuals were exploited to provide the privileges and wealth of the white elite. When they began to yearn for their rights, the State created the Penal Code of 1830 with the purpose of silencing insurgencies through laws that controlled them, giving rise to selectivity in the Penal Law. At the same time, Lombroso's positivist theory, which preached that crime was inherent to black people, was propagated in society through scholars, and with the support of the governor of the time. This stigma is still present in social relations, being used by the State, through its biopower, to reaffirm its sovereign power. As a result of this, the black population is the target of legislation that harshly and unfairly penalizes their criminal offenses, in addition to having legal provisions that prolong the sentence that deprives them of their freedom. Furthermore, they are also targets of a repressive police, who first shoot and then question, who kill hundreds of innocent people, and whose impunity is protected by law. From this perspective, this work uses the Labeling Approach theory to demonstrate that the black figure is delinquent because, as such, the State does so. To this end, the first chapter addressed the history of racism and the selectivity of criminal law, demonstrating how the State perpetuates racial prejudice through its laws. In the second chapter, it will be shown how the State puts into practice the project of extermination of racially fragile classes, which is based on the idea that black people deserve to die. And, finally, the third chapter focuses on the Drug Law and the Anti-Crime Package as a state apparatus that incarcerates black people in conditions similar to slave quarters. The method used is historical, used to analyze the legacy of slavery in Brazil and its consequences, as well as deductive, as it will be analyzed how the penal system perpetuates racism through its institutes and the conduct of its agents. To this end, bibliographical research and collection of quantitative data and information will be used.