Racismo estrutural e seletividade penal: a lei de drogas como mecanismo de exclusão racial

Abstract

This study aims to analyze the Brazilian criminal justice system from a critical racial perspective, focusing on how the Drug Law operates as a central device for maintaining structural racism. It is based on the premise that the criminal system does not act neutrally but functions as a selective penal instrument reproducing historical logics of exclusion directed at the Black population. The research engages with critical criminology and Black intellectual thought, drawing from authors such as Ana Flauzina, Juliana Borges, Achille Mbembe, Vera Malaguti Batista, among others referenced throughout the text. Through the analysis of four real cases handled by the Public Defender’s Office, the study demonstrates how institutional practices — particularly in drug-related prosecutions — are marked by racialized policing, criminalization of social bonds, and the delegitimization of defendants' testimonies. Using the concept of epistemic injustice, it shows that even coherent narratives from the accused are often disregarded when they come from racialized individuals. The conclusion is that the penal system reinforces both symbolic and material forms of genocide against the Black population and requires a radical restructuring.