Navegando por Assunto "Criminologia crítica"

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Acesso aberto (Open Access)
Criminologia crítica e apagamento político na compreensão do encarceramento no Brasil
(Universidade Federal do Pará, 2023-01-05) FERREIRA, Nilton Carlos Noronha; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present research sought to understand the dynamics involving imprisonment and resistance in Brazil. This is an explanatory and qualitative research, whose method of approach was the deductive, using the technique of bibliographical research. In this sense, the research problem that guided the analysis was: to what extent can the dynamics of resistance in prison be understood from the perspective of Marxist criminology? Thus, the working hypothesis consisted to considering that, on the one hand, the exercise of punitive power mobilizes several grammars that support prison and, in this context, promote a political emptying of incarcerated individuals by inserting them in a position of subjection to the power exercised over them. On the other hand, considering an analytical perspective, it starts from the idea that critical criminology has formulated premises that reaffirm this logic, firstly, by undertaking a limited incorporation of the Marxist contribution and, secondly, by not having consistently developed an analysis of how individuals affected by criminalization processes deal with it. The general objective would be to investigate to what extent the dynamics of resistance in prison can be understood from the perspective of Marxist criminology, while the specific objectives are: a) to verify the challenges involved in understanding the context of imprisonment and resistance by criminology Marxist-based criticism; b) to examine the discourses that make up the grammar of prison, in order to glimpse what role is assigned to it; and c) analyze incarceration seeking to understand the articulations that aim at resistance to punitive power. In this sense, the research presents an initial overview that proposes to articulate epistemological and analytical questions about the projections of discourses on prison about political mobilizations undertaken by individuals submitted to the logic of incarceration, inside or outside the prison walls.
Acesso aberto (Open Access)
Da escravização ao encarceramento de mulheres negras no Brasil: contribuições para a produção acadêmica no Brasil
(Instituto Brasileiro de Ciências Criminais, 2019) SOUZA, Luanna Tomaz de; SANTOS, Lucas Morgado dos; SOUZA, Nilvya Cidade de
Female incarceration is among urgent human rights agendas in Brazil. Several segments of social movements have been linked to the struggle for detention, including the creation of fronts by states. The criminal sciences cannot escape the requirement to analyze and make theory based on the centrality of race and gender relations in understanding mass incarceration and body control strategies in contemporary capitalist societies. Understanding this phenomenon in its entirety is a necessary effort in the fight against the historically structured racist penal system in the country. This paper seeks to verify how the academic works that mobilize the category “race” in the field of female incarceration relate the current configuration of black women’s incarceration to the processes of enslavement in Brazil. The work has a feminist methodological basis and uses bibliographic and documentary research. The works available in the CAPES Journal Portal are analyzed. It appears that the works do not link slavery to the current incarceration of black women in Brazil, nor do they deepen the analysis of the structural dimension of racism in the historical constitution of the penal system.
Acesso aberto (Open Access)
Garantismo e sistema penal: crítica criminológica às prisões preventivas na era do grande encarceramento
(Universidade Federal do Pará, 2016-04-28) SILVA, Adrian Barbosa e; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577
This work has as central issue the application of pretrial detention by judicial agencies in the context of the Brazilian criminal justice system. Starting from the premise that the criminal justice systems located in Latin American margin, the periphery of the neoliberal global capitalism, lack legitimacy due to structural factors, in the first chapter, it takes place kind of “general radiography” of the Brazilian penal system tensing it’s official programming, directed to protect human rights by means of combating crime, with the operational reality of their punitive agencies that operate in real reversal, when violate them, that is, opposite to what is proposed, and the great incarceration of the main problems of this reality, occupying the central role pretrial detention for both. Seeking to highlight the close relationship between the application of this institute with the national problem, there was analysis of all habeas corpus judgments of the Court of Justice of Pará, on pretrial detention during the year 2015. Once verified the hypothesis that this cautionary prison is at the confluence of the paraense penitentiary system data with the results of empirical research, essentially dysfunctional to cautelaridade, it passes the prison to be the rule and freedom the exception. In the second chapter, it seeks to theoretically describe the problem in order to not fall to the objectivity of the visible, far beyond the one shown on the data collected and, from the development of problematizing criminological theory (critical criminology), in particular produced in Latin America, it seeks to unveil the existing real functionality, but hidden behind the application of the precautionary prison (unequal social control through penalty anticipation, enemies containment and social defense), and representative decisions of three decision models were analyzed, presented in the first chapter and theoretically studied in the second. Since a critical model of criminal sciences, surpassing the criminological positivism and the belief in the ideology of social defense, criticism proposes a unique and questioning approach to the problem, requalifying the jurist's role (critical jurist). Finally, the last chapter, in view of the considerations made, and qualitative contribution afforded by “criminological magnifying glass” approach is carried out from the warrantism theory which, seen as a political-criminal strategy (methodological approach), nevertheless be open to criticism (especially by criminology), shows interesting response mechanism to delegitimization and, as regards the specific case of pretrial detention is undoubtedly a possible and viable tool for reducing damages from hiperincarceration logic. Since the rescue of historical-foundational perspective of traditional warrantisms to its epistemological reconstruction in the work of Luigi Ferrajoli, it seeks to finally demonstrate the real possibility of reception and application of warrantism criticism of legal foundations authorizes of preventive penal protection for before of (dis)functionality of penal control, reduce prisons, guarantee rights, extend freedoms and save lives.