Ascensão do encarceramento no cenário neoliberal: análise do discurso judicial do Tribunal do Júri de Juiz de Fora

Abstract

In the present study, was analyzed how the arguments of the participants in Jury Court of Juiz de Fora interfere in the scenario of the incarceration’s rise of the historically marginalized populations in this city, considering that Brazil adopts a criminal policy of expansion of incarceration as a form to reduce crime. In a still exploratory stage, the research has indicated that the legal discourses presented by judges, prosecutors and police authorities have a selective character that manifests itself in different ways depending on the circumstances of the crime and the ethnic-racial and social profile of the alleged perpetrators. It was hypothesized that such arguments have vague and inaccurate grounds such as agent danger, public order guarantee and effective enforcement of criminal law in order to justify a more rigid treatment in relation to a portion of the population that has been treated for a long time as enemy of society. The research was based on Löic Wacquant's study of the rise of incarceration in the neoliberal scenario, which considers the punitive power of the state as a joint task of forcing the poor classes out of social assistance and pushing them into the precarious and flexible work that will pass by policies of disqualification and criminalization. Methodologically, it undertook to content analysis of the demonstrations by law’s interpreters in the processes whose judgment was carried out in the year of 2016 in the Jury Court of Juiz de Fora was undertaken. It was concluded that the legal discourse adopted within the scope of Juiz de Fora not only has a selective character, but also maintains a certain segment of society under constant vigilance and subject to precautionary measures and more severe punishments, which has already been demonstrated, through research carried out, which does not contribute to the reduction of crime, a fact also observed in Juiz de Fora, which presents, every year, an increase in intentional crimes against life.