A perpetuação da seletividade do sistema jurídico penal a partir de uma breve análise do reconhecimento fotográfico

Abstract

The construction of a common enemy of society is essential to maintain social control and power structures. In Brazil, the fatalism of the common enemy is developed since the colonization of national territories from the legitimacy of the enslavement of the black people. In the face of the principle of formal and material equality of individuals before the law, the legalistic bias of the national order has solidified the myth of racial democracy. However, the targeting of the lethality of the state punitive power against the black population shows the selectivity of the criminal legal system and its use for social control. Despite the apparent isonomy of law enforcement, procedural maneuvers can be observed, coated with legality, used to facilitate the punishment of those who are perceived as born criminals by Positivist and Anthropological Criminology. From this sociological perspective of the expression of racism in contemporary Brazilian society, the present study intends to demonstrate the social and legal risk of admitting of photographic recognition as sufficient evidence to determine the accused or the guilty without proper support - in the path of a criminal prosecution.