A gestão penal dos indesejáveis no contexto capitalista brasileiro

Abstract

In the context of liberal-security democracies that follow the capitalist ideal, certain social groups are perceived as dangerous and therefore undesirable. Consequently, security emerges as the utmost priority to be defended, deeming all measures based on the discourse of population protection as necessary. This creates a common enemy to be fought against, perpetuating a constant state of war. Thus, the legal system, particularly criminal law, is utilized in order to legitimize repressive state actions aimed at the exclusion and elimination of the undesirable. With this in mind, this work seeks to analyze and expose the role of the Brazilian criminal justice system in the violent logic of managing the undesirable, elucidating who these "enemies" are and questioning the function of imprisonment and punishment in this scenario. Critical criminology will be extensively used as a basis for this endeavor. Additionally, rebellion will be analyzed as a political technology capable of modifying existing hierarchical structures. To achieve this, a dialectical approach method, historical and monographic procedures, exploratory, and bibliographic research techniques will be carried out. Consequently, the aim of this work was not only to demonstrate the exposed phenomena but also to provide an explanation using graphs, articles, books, and scientific research addressing the subject matter. In conclusion, it was observed that the criminal system has its roots in racism and hate towards marginalized people, who have only been placed in this condition due to the white and bourgeois hatred and fear of their hegemony being threatened. These effects are easily observed even in the present day, and are not exclusive to past centuries. Given the complexity of the topic and the fact that it challenges the dominant ideology, the debate on this issue is far from settled. Nevertheless, it is necessary to question and examine the current system without adopting a conformist or defeatist position