Letalidade policial: a construção do inimigo estatal e os desdobramentos dos art. 14-A do CPP e art. 16-A do CPPM

Abstract

The existence of legality never prevented the systemic massacre in Brazil, with the repression apparatus functioning through physical violence: the police, the prisons, the government administration. The elimination of “enemies” of the State is part of the interest of the dominant social group, accepting, with normality, institutionalized violence, racism, injustice, inequality, authoritarianism and oppression, under the cover of fictitious impartiality. A real death policy. In this sense, the Brazilian State, not only the agents that execute lethal actions, becomes a real danger for its citizens, since the state legal form can be as deadly as a firearm shot and, equally, foment barbarism. The present study, therefore, seeks to analyze the panorama of the lethal actions of public security institutions, demonstrating the existence of a permanent State of Exception. With the advent of the Anticrime Package, the paper also seeks to discuss the privileges granted to public security agents and the Armed Forces, as required by art. 14-A of the Criminal Procedure Code and art. 16-A of the Military Criminal Procedure Code. Thus, as a consequence of state omission and inequality in legislative changes, it is possible to perceive the potential increase in deaths caused and legitimized by those who should care for life.