A seletividade punitiva e o sistema penal pátrio frente à constituição da República Federativa do Brasil de 1988

Abstract

This article discusses the non-observance of the Brazilian penal system on guiding precepts of the Democratic State of Law. A multitude of constitutional principles are not appropriately fulfilled, since punitive selectivity has become a reality in criminal justice, which labels certain individuals, as explained by the Labeling Approach Theory. This selectivity occurs in various segments of the penal system, from the Legislative’s activity to police action to the Judiciary function. The effects of this ordered criminalisation are extremely detrimental to the “targets” of the penal system. Given this, the instruments of formal social control, which exists for the resolution or reduction of social issues, starts to further reproduce violence and social inequality. Regarding the methodology, it was used the adequate bibliography for the theme, specific Brazilian legislation, and a review of penal system data. On the other hand, the critical descriptive-exploratory method was elected for the verification of the selectivity of the penal system. It was established that the penal system has a strong improper tendency to beneficiate those close to the centre of power, that is the non-white and higher social class, gravely hindering those at the margins of society, and, consequently, an evident conflict with the constitutional guarantees of the Brazilian State.