Seletividade penal racial: o direito penal do inimigo e o superencarceramento da população preta tutelado ao combate às drogas no Estado do Maranhão

Abstract

According to the National Penitentiary Department (DEPEN), Brazil is among the countries with the highest incarceration rates. This data becomes even more expressive, in view of vulnerable peoples, especially the poor and black population. Therefore, this work consists of analyzing the criminological theories of Criminal Selectivity and the Criminal Law of the Enemy in relation to the drugs combat policy in the State of Maranhão. It started with the concept of Criminal Law of the Enemy, such as the system of Criminal Selectivity and its reflections within one of the most criminalized behaviors in the country, crimes included in Law no 11.343/2006, with emphasis on the flow of this gear in the social stigmas of race field, debating the origin and history of black people in the country and the arrangement of structural and institutional racism, further promoting the interaction between social and (i)legal rules. With the applied methodology, using the deductive method, allied to bibliographical research, using data analysis as a technique, it was found at the end that, despite the creation of numerous mechanisms to dissipate racial discrimination, the criminal context and state criminal policy still tends to find a profile predetermined by structural and institutional racism, resulting resulting in a selective and harmful penal system for black people. Concludes that repression, aimed at the specific target, comes from older roots that contemporaneity cannot narrate and that the penal system is a consequence and also a generator of this heritage.