Racismo e a produção da indiferençaa caracterização da pessoa acusada no sistema de justiça criminal

Resumo

The Brazilian criminal justice system, comprised of institutions such as the police, the Public Prosecutor's Office, the Public Defender's Office, the Judiciary, and the Penitentiary System, produces documents guided by different logics. The analysis of this system has focused on the decision-making processes and the actors involved in the application of criminal law, often rendering the accused invisible, who experiences the consequences of the process. This study seeks to fill this gap by investigating how the accused is characterized in criminal proceedings through procedural documents. To this end, 21 theft and robbery cases sentenced in different districts of São Paulo in 2021 were analyzed, focusing on bureaucratic records and narratives about the accused. The research adopts an analytical lens that considers the influence of racial representations on decision-making processes and institutional practices. Among the specific objectives, the construction of a theoretical framework on the racial issue, the identification of the norms that guide the characterization of the accused, and the investigation of how this characterization is mobilized by judicial actors stand out. The methodological strategies involved theoretical incursions into the subject, research into legal norms related to the processes of characterizing individuals in criminal proceedings, and the submission of requests for information to the Civil Police, via the Access to Information Law, as well as the analysis of documents from the judicial proceedings. Through this approach, the research observed that the characterization of the accused person in the Brazilian criminal justice system is strongly marked by the use of criminal records, which reinforces a closed circuit of justification, in which arrest is legitimized based on previous incarcerations, consolidating a cycle of punishment. In contrast, information about the personal and social life of the accused disappeared in the decision-making process, demonstrating institutional indifference. In addition, a study highlights the lack of standardization in the collection and custody of racial data by the police and the Court of Justice of São Paulo, so that the absence of uniform records and the variation between documents indicate that racism also manifests itself in the way the data is produced and managed.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36648

Palavras-chave

Racismo institucionalProcesso penalIdentificação e qualificaçãoPolícia judiciáriaCertidão de antecedentes criminaisFurto e rouboInstitutional racismCriminal proceedingsIdentification and qualificationJudicial policeCriminal record certificateTheft and robberyDireitoProcesso penal - BrasilRacismoOrganização judiciaria penal - BrasilCrime - IdentificaçãoAntecedentes criminais