A reprodução dos marcadores sociais no cárcere

Abstract

The Brazilian program of neoliberal penalty materializes in a historical, social, and economic context, whose peculiarities deserve attention. Thus, the present work aims to present a compilation of possible epistemological and methodological analysis, from the perspective of prison as a privileged locus of the materialization of the penal treatment of poverty, as well as informal and private experiences that permeate and show social markers of the difference, such as gender, sexuality, race/color, and class. To achieve the general objective, the following specific objectives were outlined: (1) conceptualize and analyze the neoliberal penalty in the world and its Brazilian specificities; (2) expose the context of criminal violence and problematize some of its causes, namely, (2.1) the spread of firearms, (2.2) the expansion of drug trafficking, (2.3) police violence, (2.4) structural racism, (2.5) state authoritarianism, and (2.6) the spread of moral panic; (3) compare national and international normative predictions, in terms of penal and prison policy, with the prison reality in Brazil; (4) explore, exemplifying, how markers of gender and sexuality influence the experiences in how to express female homosexuality in prison, and the ways of grouping LGBT people in male prisons. As a theoretical framework, the concept of "neoliberal penalty", proposed by Loïc Wacquant (2011), was used to analyze how social markers interfere in the process of the State in prison, as they are influenced by State processes of poverty management and control of gender expressions and sexual practices within the prison. For this purpose, a literature review of the narrative, descriptive and qualitative type was made, through exploratory research in the databases of government agencies, such as the Official Gazette of the Union and the Brazilian Institute of Geography and Statistics; statistical platforms of the Brazilian Forum of Public Security, the National Council of Justice, the National Penitentiary Department; official analytical reports, such as the Report of the Parliamentary Commission of Inquiry of the Prison System, the Diagnosis of Institutional Procedures and Experiences of LGBT Incarceration in Prisons in Brazil, conducted by the Ministry of Women, Family and Human Rights, and the Atlas of Violence, of the Institute of Applied Economic Research, in addition to international databases, as World Prison Brief, United Nations Office on Drugs and Crime. It was also resorted to documentary surveys on websites; legal and normative provisions, such as the Brazilian Federal Constitution (1988), the Law of Criminal Executions (1984), the Joint Resolution number 1 of the National Council for Criminal and Penitentiary Policy, The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); as well as judgments and doctrines on the subject. In addition, bibliographical research was carried out in newspaper news, periodicals, banks of theses and dissertations, reference books and informative magazines. It was assumed that the inhumane reality in the country’s prisons is not random but is made from a dialectical process of institutionalization of the neoliberal penalty as a political choice to manage poverty. Brutality that acquires contours delineated by different structuring social markers that intersect to form the individual experience of each subject who has their rights and dignity denied during the incarceration process. Thus, the questions that guided this study are: what does the neoliberal penalty propose? How does the neoliberal penalty present itself in Brazil? What are the components of criminal violence in the country? To what extent does the feeling of insecurity, in fact, correspond to the levels of crime in Brazil? What is the legal framework of the Brazilian nation to deal with the penalty and prison? How is the Brazilian prison reality? To what extent does the context of incarceration influence female homosexual experiences in prison? How the State processes and the presence of criminal groups interfere with the grouping of LGBT people in the country’s prisons? Contradictorily, the relevance and urgency of the theme are revealed not because it is a novelty, but precisely because it is a problem that drags on and involves historical violence in the country and structural markers of the State.