Título:	Estratégias punitivas e legitimação
Autor(es):	Bernardes, Helton Fonseca
Orientador(es):	Aguiar, Roberto Armando Ramos de
Assunto:	Legitimidade Criminologia Desigualdade
Data de publicação:	20-Jan-2023
Data de defesa:	Ago-2002
Referência:	BERNARDES, Helton Fonseca. Estratégias punitivas e legitimação. 2002. ix, 258 f. Dissertação (Mestrado em Direito) —Universidade de Brasília, Brasília, 2002.
Abstract:	The discrepancy of treatment of the penal law in the history of colony Brazil was a reality easily noticeable, being necessary only an analysis of the penal legislations and lawsuits to proof this statement, since this discrepancy was entirely clear in the laws which had penalties that changed as according to the social status of the involved people. This aspect was due to the Absolutist State, which was confused with the leader, without the necessity of the State to justify (legitimacy) the ascension to the power or even its exercise. With the Law State emersion, every form of politic power started being regulated and limited by the law. The ascension and exercise of power would be legitimate only if within legality legally imposed by the law. One of its marks was the equality of treatment, which would avoid the exercise of power to benefit some specific groups. The penal law, as an inserted system in a larger structure, couldn’t continue distant of this equality, impeding any distinction of treatment. Everybody would be penalized by the same way, independently of the rank of the involved ones. However this is not the reality in the prisons. With some exceptions, we can observe that most of the prisoners belong to the lower classes in the society. These data could cause a false premise: that these groups are more vulnerable to criminality. The new studies developed by Criminology show that the entire social groups are vulnerable to the practice of bad conducts, however only the conducts related to some specific segments are criminalized. Therefore, there is a selection in the politic options of the public power to criminalize some specific conducts and to allow others. The conducts of the vulnerable groups are strongly punished while the exclusive conducts of the most favoured groups (immunity) are overlooked, albeit these conducts are more destructive to the society. In the other hand, when these conducts are criminalized, some juridical tricks are created around the penal legislation to allow the impunity of the responsible ones. Thus, the inequality of treatment that was visible becomes invisible, occult. This discrepancy of treatment is only possible due to the absence of democracy in the Brazilian politic system, since the formal democracy of a country with large social, economical and cultural precipices causes a politic and social exclusion in the less favoured groups, which are transformed in icon people and benefit only the economically favoured groups. Besides that, the absence of an effective public participation in the politic discussions enables a minority class to delineate the criminal politic of the State, making the vote nothing more than a blank check. After removing the majority of the politic power, the remainder minority ends up usurping this power, legislating in their own benefit: here it is the basis of the penal immunization and privilege that are turned positively in our favour. Therefore, there is a legitimating crisis of the penal law.
Unidade Acadêmica:	Faculdade de Direito (FD)
Informações adicionais:	Dissertação (mestrado)—Universidade de Brasília, Faculdade de Direito, Programa de Pós-Graduação em Direito, 2002.
Programa de pós-graduação:	Programa de Pós-Graduação em Direito
Aparece nas coleções:	Teses, dissertações e produtos pós-doutorado

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