Genocídio da população negra no maranhão: sistema penal e violência étnica do aparelho policial observada a partir das audiências de custódia

Abstract

The main purpose of this monographic work is to analyze, from the custody hearings, the relation of ethnic and structural violence of the police apparatus in Maranhão with the crime of genocide. In order to carry out this analysis, it is necessary to specifically explain the genealogy of ethnic and structural selectivity of the Brazilian penal system in parallel with the reality of Maranhão, to compare the selective violence of the police apparatus with the crime of genocide and to demonstrate the consequence of secondary criminalization by data that explain the results of the police actions and the profile of the direct victims of the criminal selectivity of the police agencies in Maranhão. The main motivation for carrying out this research, which as its sociological importance is concerned, lies in the richness of the theme of violence, especially selective violence, which, through criminalization in the penal system, enfold ethnic and social violence in the same space, presenting itself as a sociological phenomenon that can be studied by various branches of the social sciences in fusion or not with the branches of law. In the present work the main focus attributed to the study of criminal selectivity will be analyzed in the aspect of racism. Racism is an organized manifestation of discrimination that the keystone is the race and presents as a consequence privileges for certain groups and real disadvantages for another group in all the basic social aspects, to analyze the genealogy of this reality and its contemporary consequences is scientifically relevant to search solutions to this problem. The methodology used in the theoretical plan is the bibliographical research, as for the general objectives, it is an explanatory one, as far as the approach is used the dialectical method and for the technical procedures the research is ex post facto. By all exposed, it remains possible to verify as a result the confirmation that the extensive criminalization process has a selective character and materializes through symbolic and physical violence directed at an ethnically and socially delimited group. Violence destined to a certain ethnic, racial or religious group that results in its extermination is verified as genocide in the Brazilian legislation. It can thus be perceived that both genocide and racism on which it is based are mechanisms of biopolitics which structure the State guaranteeing fundamental rights, which has a parallel effect on the existence of a permanent State of Exception. It was realized that both, genocide and racism on which it is based, are mechanisms of biopolitics which structure the State guaranteeing fundamental rights, which has a parallel effect on the existence of a permanent State of Exception. The bare life of a marginalized group is a consequence of the maintenance of life worthy of another privileged group.