Particularidades estruturais e funções não declaradas do sistema penal brasileiro: a questão penal em foco para uma contribuição à práxis política em serviço social

Abstract

This work seeks initial contributions towards an approach to the criminal issue in brazilian dependent capitalism. To do this, we start from Pashukanis (2017) and his analysis of the Law based on the mercantile form and based on the process of real subsumption of labor to capital, where it is possible to approximate the emergence of criminal law as “[... ] organized class terror” (PACHUKANIS; 2017, p. 172), of the criminal issue and the penal system as aimed at guaranteeing the stability of the capitalist mode of production. From this, we will visit contributions from critical criminology to, within it, seek indications on how to understand the latin american and brazilian criminal issue based on the inseparability between racism and overexploitation of the workforce. Furthermore, within critical criminology there is a need for greater theoretical developments to understand the particularities of the criminal issue and the penal system of these territories, in addition to the contributions coming from the West, and the two main undeclared functions of the brazilian penal system: selectivity and genocide. The work will then seek to point out possible ways to contribute to the historical-structural analysis of the brazilian reality to build a closer approach to criticism of the criminal issue and the penal system in Brazil, starting from a dialogue with authors who focus on brazilian social and economic formation under a critical perspective, with the ethnic-racial issue as the foundation of the social issue in these territories. Posting the theoretical seams and the location of the contributions regarding the historical-structural debate of brazilian society, with a view to understanding the role of the penal system in the class struggle as a bourgeois instrument of violence, control and coercion, research will be carried out on the amount of works produced in main journals in the areas of Law, Social Work and Social Sciences. Finally, the work will reinforce the importance of greater visibility of the criminal issue in the area of Social Service based on the professional ethical-political project with ways to contribute to political praxis within its scope.