A incidência do racismo estrutural na aparelhagem punitiva do estado brasileiro: uma análise à luz do estado democrático de direito

Abstract

From the perspective of building the black figure in Brazilian society since the Empire, and thus going through all of Brazilian history until the present moment, it is important to understand the consequences of the structuring of the practice of racism in society and how, over time, it has come to focus on the exercise of jus puniendi, that is, the way in which the State executes the punitive claim in the face of violation of a protected legal good. From such a perspective, it is necessary first of all to understand how such a question has its origin, in this case, linked to the will of the dominant social class to keep a certain portion of the population marginalized, so that the evils perpetrated are more susceptible. In addition, it is relevant to raise such a discussion, since it is something that recurs in society, deriving from the power relations present in social structuring, thus being something that constitutes in a negative way the basic social pillars of Brazil as a State, thus revealing a duality to the Democratic State of Law instituted in the Federal Constitution. Through the occurrence of situations both in construction and contemporaneously, it has been proven that a project of genocide of the Black population is underway, seeking to understand from the beginning the Black protagonism within Brazil. Therefore, structural racism shows itself to be a harmful phenomenon for Brazilian society, since it directly interferes with the maintenance of equity, which must be present as a guideline in social relations, as well as other principles assured by the Magna Carta. For this, the deductive method will be used as a method of approach, starting precisely from the racist formation of society so that in the light of this issue, the incidence in concrete cases can be understood, and in addition, the historical method will be used as a method of procedure, for seeking the whole beginning of black protagonism within Brazil, therefore, from Colonial Brazil to Contemporary Brazil and the statistical method as the second method of procedure, through the use of data of general repercussion, for example, the data of blacks who are victims of police violence and those who make up the prison system and finally, as a research technique, the bibliographic analysis, both those that deal with the construction of blacks and study the axes of manifestation cited, as well as those that deal with human rights.