Da chibata ao camburão: a (re) construção da memória racial nacional como alternativa à seletividade do Sistema de Justiça Penal no Brasil

Abstract

This dissertation intends to present a transdisciplinar interpretation of the Brazilian racial issue and its consequences in the Criminal Justice System and its agencies. The hypothesis argues that the Criminal Justice System acts guided by a racial perspective, although it does not intentionally aim this end. The need to tell the story that history does not tell goes in hand with the emphasis on the legacy of slavery, the longest-lived Brazilian institution. Structural racism is presented as a major consequence of slavery, after all it spreads throughout all sectors of Brazilian life. It strives to demonstrate the importance of the narrative of some national thinkers about racism and slavery and how they might have contributed to the decline and for the remain of its effects, despite the resistance undertaken by other authors. The attempts impeded by the black people in the search for freedom, rights and citizenship are submited, highlighting the need of telling these stories, to reconstruct these memories as alternatives to the racial selectivity of the criminal justice system. Puts forward a critical approach of Brazilian democracy and of the democratic State based on the rule of law, which is partly segregating. Demonstrates that the precariousness of the establishment of the values of modernity in Brazilian society is evident, which makes it difficult to include everyone, to the detriment of a few. This dissertation sustains that before the continuous march of progress, racism operates in the alcoves, under the hood under the shadows of the hoods and serves as an undeclared north of the Criminal Justice System, privileged object of analysis of national constitutionalism, once detected the racial selectivity of your performance.