Seletividade econômica do Direito Penal: A estratégia do encarceramento em massa das classes economicamente vulneráveis no Brasil

Abstract

Brasil has seen an exponential growth in your prision population in recent decades, phenomenon that originates in the country’s historical formation, which was notable for the concentration of wealth and power in a small socioeconomic elite to the detriment of a mass of mestizos, blacks and indigenous victims of slavery, resulting in the formation of a nation marked by extreme economic inequality. The historical process mencioned above made possible the appropriation of the state repressive apparatus by the Brazilian socioeconomic elite, who used prision as a strategy to contain poverty throughout all the country’s story. At this point, the role played by Positivism Criminology in legitimizing the current order deserves to be highlighted, since the criminological current in question stood out for electing popular strata not assimilated by the labor market as enemies of the progress of burgeois society at the time, justifying the widespread use of the state repressive apparatus against the proletariat that emerged. As opposed to criminological positivism borns the Radical Criminology, what shifts the object of study of criminology from the figure of the criminal to the process of criminalization and rejects the theoretical bases that guided traditional criminological currents. Given the above, the present work, using the research methods of literature review and quantitative research, seeks to elucidate the composition of the brazilian prision population and the conditions offered to inmates in prisions across the country, concluding that the main “clients” of the Brazilian Criminal Justice are part of the economically vulnerable part population and that prision units are incapable of offering