O discurso da eficiência e a seletividade penal: uma análise sobre o aprofundamento da desigualdade e da subcidadania

Abstract

From the brazilian Judicial Reform and the creation of the National Council of Justice, a discourse of efficiency began was adopted, imposed by international economic bodies, based on actuarial and economic criteria, which do not take into account the specificity of the criminal procedure nor the social status of the parties. Such criteria arrive in the country in the wake of the emptying of the political debate about the convenience and opportunity of decision-making on public policies. This work seeks to analyze how the discourse of efficiency deepens or enhances criminal selectivity in a country of late modernity like Brazil. In a broader perspective, we tried to relate the constitutional leadership of citizenship realization with (or against) the search for a quantitative efficiency of criminal justice in Brazil. To unravel the issue, a historical review of the process of social construction of sub-citizenship in Brazil is made, with slavery as the most striking factor, and how these indelible marks are a contribution of today's society, where the condition of "precarious habitus" is widely disseminated, unlike countries with full modernity. Constitutional dirigism emerged as an instrument of constitutionalism theory of capable of supporting political options that could break with the permanent structures of historical social inequality. Taking into account that the concepts of “punitive imaginary”, “theoretical common sense” and “dogmatic habitus” are part of such structures, which translate the application of merely formal equality in an absurdly unequal society as a way of legitimizing criminal selectivity by the agencies of criminal social control, diametrically opposed to the projected direction of Constitution of 1988. When analyzing how criminal selectivity operates within the traditional criminalization processes already pointed out by critical criminology scholars, it is observed that the discourse of efficiency operates in the deepening of a criminal selectivity that exists as a result of social inequality and the citizenship deficit experienced by a large part of the population