O racismo na aplicação da lei penal no Brasil: uma análise das influências do racismo estrutural no direito penal brasileiro

Abstract

The present article’s theoretical framework is the concept of structural racism created by Silvio Almeida and has the goal to discuss if the criminal law application in the brazilian territory is influenced by the constant discrimination that black people suffer with because their color skin. Through a literature review, it was possible to understand the criminalization process of the criminal law, to realize that its effectivity needs to make choices and that these choices are guided by the racism that is part of our social order. Furthermore, it was possible to see that the press has an important role on the reproduction of negative stereotype associated to black people and that, by creating these stereotypes in the minds of the population, it helps in the secondary criminalization process, because this needs the stereotype making procedure to exercise its functionality. At the end, it was able to conclude on the importance of affirmative politic specific and guided to black people as ways to undo the discussed situation.